What is the procedure for changing the name of a company?

Answer 1

Step by Step procedure for changing the name of the company

• Board Meeting for the change in the title

A Board meeting is being held for the discussion on the new name of the company. The Board of Directors has to decide the reasons for the change in the name of the company. Three new names are being proposed for the change in the name. It requires Board approval for the name change where the Board has to authorize one Director or the CS of the company to file an application with the Registrar of companies (ROC) for the change in name.

• Name availability Check on the MCA portal –

The procedure for the name availability check is the same as that while registering the new name for the company. For checking the name availability, the authorized person will apply in the RUN (Reserve Unique Name) to MCA (Ministry of Corporate affairs).

• Application for the approval of the company’s new name availability –

According to the provisions of the Companies Act, 2013, an application is being filed for the name change of the company. The company needs to file an application in RUN form along with fees to the Registrar of Companies (ROC). The Registrar of the company will send a letter to the company stating the availability of the proposed name. After that, the proposed name, as confirmed by the ROC, should not be similar to the existing company name.

• Application to the Registrar –

After the resolution is being passed, within 30 days, a special resolution is filed. Form MGT -14 is filed, which contains the details about the particular decision.

Following are the documents that are submitted with MGT-14 –

• A certified copy of Special Resolution

1. EGM (Export General Manifest) Notice and Explanatory statement to EGM

2. Modified MOA(Memorandum of Association)

3. Modified ( Article of Association)

After the name is approved, MGT 14 needs to be filed. MGT 14 is a necessary resolution for the alteration of MOA and AOA. After that, the company will file INC-24 with the ROC for seeking the approval procedure by the Central government along with the prescribed fee. Form INC-24 also includes the reasons for the name change, the number of members who attended the EGM and voted in the favor or against the resolution and percentage of shareholding.

• Issuance of Certificate of Incorporation

The ROC will verify the documents, and if it is relevant and satisfying, then a new certificate of Incorporation is issued.

• Incorporation of Company Name in MOA and AOA

After receiving the certificate of Incorporation from ROC, the company is incorporated in all the copies of MOA and AOA.

Step by Step procedure for changing the name of the company

• Board Meeting for the change in the title

A Board meeting is being held for the discussion on the new name of the company. The Board of Directors has to decide the reasons for the change in the name of the company. Three new names are being proposed for the change in the name. It requires Board approval for the name change where the Board has to authorize one Director or the CS of the company to file an application with the Registrar of companies (ROC) for the change in name.

• Name availability Check on the MCA portal –

The procedure for the name availability check is the same as that while registering the new name for the company. For checking the name availability, the authorized person will apply in the RUN (Reserve Unique Name) to MCA (Ministry of Corporate affairs).

• Application for the approval of the company’s new name availability –

According to the provisions of the Companies Act, 2013, an application is being filed for the name change of the company. The company needs to file an application in RUN form along with fees to the Registrar of Companies (ROC). The Registrar of the company will send a letter to the company stating the availability of the proposed name. After that, the proposed name, as confirmed by the ROC, should not be similar to the existing company name.

• Application to the Registrar –

After the resolution is being passed, within 30 days, a special resolution is filed. Form MGT -14 is filed, which contains the details about the particular decision.

Following are the documents that are submitted with MGT-14 –

• A certified copy of Special Resolution

1. EGM (Export General Manifest) Notice and Explanatory statement to EGM

2. Modified MOA(Memorandum of Association)

3. Modified ( Article of Association)

After the name is approved, MGT 14 needs to be filed. MGT 14 is a necessary resolution for the alteration of MOA and AOA. After that, the company will file INC-24 with the ROC for seeking the approval procedure

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Answer 2

Change the letterhead.