Change Company Name

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Change Company's Name

As per the companies act, 2013, a company has a separate legal entity. So, it must have its name & the same is mentioned in MoA & AoA. But there may be situations like change in objectives, change in management, change in a business model, rebranding, etc. which necessitates the idea of changing the name of company or LLP. So, the name of the Company /LLP can be changed even after its incorporation anytime as per the procedure prescribed in S. 13 of the Companies Act, 2013. To change the name of a company, shareholder’s approval is required along with approval from the Ministry of Corporate Affairs. The change of name of a company or LLP, however, has NO impact on:

• The legal entity of the company or LLP & continuity of its business
• Rights & obligations of the company or LLP
• Legal proceedings pending in the old name

Hence, the change in name of the company or LLP does not create a new entity; & all assets and liabilities of the entity would continue, while only the name of the company would have been changed.

The process of change of company name contains various steps like a first & foremost requirement of the passing of a board resolution, obtaining name approval from MCA, passing of a special resolution and applying for approval of new company name to the MCA. If the MCA accepts the application, a new certificate of incorporation is issued. After obtaining the new certificate of incorporation, changes must be made to incorporate and change the MOA and AOA of the company as well. Legal Suvidha Providers will assist you in all legal guidance and documentation involved in the change of name of the entity. Total Time taken to complete the whole process is 20-25 working days.

The important thing that is to be kept in mind is that the company which has changed its name should ask those companies in which it is holding shares, to substitute its old certificates with new ones.

Procedure for Changing Company Name

Documents Required

1. 6 Name of the Company according to preference.

2. Reason for change name of the Company

3. Name & CIN of the Company.

4. Details of the Directors with DIN.

5. Name & DSC of the authorized Director for filing form INC-1.

6. Board Resolution for change Name clause of MOA of the Company

7. Board Resolution for Notice of EGM of the Company.

8. Notice of EGM with explanatory Statement.

9. Special Resolution for alters name clause of MOA.

10. Altered MOA & AOA.

11. Minutes of the members meeting (EGM).

12. If a change of name is due to change in the main activity of the company, a certificate from a chartered accountant regarding turn over details from a new activity should be enclosed.

Frequently Asked Questions

No, change in the company name will not create any new entity.

The Name of the company must be according to the Companies Incorporation Rules 2014.

The Name of the Company will be effective from the date of the issue of Certificate.

CG approval is required when there are addition and deletion of the word “Private”.

ROC must be intimated within 30 days of passing the resolutions in the general meeting.

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