Company Name Change

The primary legislation governing Company Name Change India is the Companies Act, 2013. Specifically, Section 13 of the Act deals with alteration of the memorandum of association, including change of name. The process also involves Rule 29 of the Companies (Incorporation) Rules, 2014, which prescribes the procedure for name change and the requirement of a fresh name availability check.

The Ministry of Corporate Affairs (MCA) is the government department responsible for regulating company name changes in India. All filings, including name availability applications and form submissions, are done through the MCA's online portal at www.mca.gov.in. The Registrar of Companies (ROC) having jurisdiction over the company's registered office processes the application.

The process for Company Name Change India involves several steps. First, the company must check the availability of the proposed new name using the RUN (Reserve Unique Name) service on the MCA portal. Once the name is approved, the board of directors must convene a board meeting to propose the name change. Subsequently, a special resolution must be passed by the shareholders in a general meeting. After the resolution, the company files Form MGT-14 (for resolution) and Form INC-24 (for name change application) with the ROC. Upon approval, the ROC issues a fresh Certificate of Incorporation reflecting the new name.

The key forms required for Company Name Change India are:

• RUN (Reserve Unique Name): For name availability check.
• Form MGT-14: Filing of special resolution with the ROC.
• Form INC-24: Application for change of name.
• Form INC-22: For registered office address change if applicable.
• Form INC-28: For alteration of memorandum of association. All forms are filed electronically on the MCA portal with the prescribed fees.

Any company registered under the Companies Act, 2013, can apply for a name change. The proposed name must not be identical or too similar to an existing company or trademark, and must not violate the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950. The company must be in good standing with the ROC, meaning all annual filings and compliances are up to date.

The timeline for Company Name Change India depends on the ROC's processing time. After filing the application, the ROC typically takes a few weeks to review and approve the name change. The entire process, from name availability check to issuance of the new certificate, may take several weeks. No specific time estimate can be given as it varies by case.

The government fees for Company Name Change India are prescribed under the Companies (Registration Offices and Fees) Rules, 2014. The fees vary based on the company's authorized share capital. Below is an indicative table of fees:

Additional fees may apply for name reservation and other filings. These are government fees only and do not include professional charges.