Process of Change in Name of Private Company

Process of Change in Name of Private Company

 What is the process of change the Name of Private Limited Company?

As per Section 13 of the Companies Act 2013, a company may change its name by passing a special resolution in general meeting and receiving approval from the Central Government.

The step-by-step process of changing name of a private limited company is outlined below:

  1. Passing board resolution when partners are mutually agreed
  2. Checking name availability
  3. Passing Special Resolution
  4. Applying to Registrar
  5. Incorporating company name in MOA and AOA. 

 

 Passing Board Resolution When Partners are Mutually Agreed

In the meeting, the board of directors will discuss and approve the change in name, authorizing a Director or the CS of the company to check name availability with MCA, and calling Extra-Ordinary General Meeting for passing a special resolution.




Checking Name Availability

The authorized director or company secretary will apply in form INC-1 to MCA for checking name availability and approving the name.

ROC will send a letter stating that the proposed name is available. Please note it is just a confirmation from ROC that proposed name is available.

The proposed name shouldn’t be similar to another existing company name, and it shouldn’t include the word “state.” Other conditions existing at the time of initial name approval exists in this situation also.




Passing Special Resolution

Once the name is approved by MCA, the company should call for an extraordinary general meeting. A special resolution will be passed for changing name and make the change in Memorandum of Association and Articles of Association.




Applying to Registrar

A special resolution will be filed with RoC within 30 days of passing the resolution. With the Form MGT-14 will also be filed which contains the details about special resolution. Following documents are submitted with MGT-14:


  1.  Certified copy of Special Resolution,
  2. Notice of EGM,
  3. Explanatory statement to EGM,
  4. Altered Memorandum of Association,
  5. Altered Articles of Association
Once MGT-14 is filed, the company needs to file INC-24 with the ROC for taking approval of the central government for name change along with the prescribed fee.      

Issuance of Certificate of Incorporation


If the Registrar of Companies is satisfied with the documents, it will issue a new certificate of incorporation.

Once the new certificate of incorporation is received from ROC, the company name must be incorporated in all the copies of MOA and AOA.


For more information on this visit www.taxaj.com

 

 




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