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.
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.
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