Change in Company Name

Starting from ₹5,000 + GST

Table Of Content

Company Name Change
Key Reasons to Consider a Company Name Change
Right Time for a Company Name Change
Process for company name change
Documents required for Company Name Change
FAQs
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Company Name Change

Changing a company’s name can be a strategic decision, especially when aligned with rebranding, expanding into new markets, or reflecting updated business objectives. According to the Companies Act, 2013, changing the name of a company involves a structured legal process to ensure compliance with government norms and regulations.

A company name change is a strategic decision that should be carefully evaluated. It’s essential to ensure the change aligns with your long-term business goals and market positioning. Below are key factors to consider when assessing the need for a name change, allowing you to make an informed decision.

Key Reasons to Consider a Company Name Change

A name change can help rebrand and realign your company with evolving market needs, especially when targeting new customer segments or entering competitive markets.

If your current name is similar to another business, a change is necessary to avoid legal conflicts and trademark disputes, ensuring your brand’s legal safety.

As your company expands or diversifies, a new name may better reflect your updated products, services, or business direction, offering clarity to stakeholders.

A fresh name can enhance your brand image, revitalizing your market presence and attracting new clients, investors, or partners, while helping you stay relevant.

Right Time for a Company Name Change

Before starting the name change process, ensure that the board of directors and shareholders are aligned. A formal board resolution and shareholder approval are mandatory to proceed.

It’s essential to ensure that your company has no pending legal disputes or financial liabilities. Addressing any outstanding obligations will make the name change process smoother and compliant with legal standards.

Confirm that the new company name is available and approved by the Registrar of Companies (RoC). The proposed name should not conflict with existing businesses to avoid rejection or legal complications.

The name change must comply with all provisions outlined in the Companies Act, 2013. This includes proper documentation, filing the necessary forms, and ensuring adherence to government norms throughout the process.

Process for company name change

Step 1

A board meeting must be conducted to discuss the proposal for the name change. The directors must approve the resolution, and it should be recorded. The company must appoint a representative to handle the name change process.

Step 2

Before proceeding, the new company name must be checked for availability using the RUN (Reserve Unique Name) service on the Ministry of Corporate Affairs (MCA) website.

Step 3

A special resolution must be passed by the shareholders with 75% majority approval for the name change. This is required when changing the name beyond simple adjustments like adding or removing words.

Step 4

The company’s Memorandum of Association (MoA) and Articles of Association (AoA) must be amended to reflect the new company name. This step is crucial to ensure all legal documents align with the new name.

Step 5

Once the RoC has reviewed and approved the name change application, a fresh Certificate of Incorporation with the new company name is issued. This updated certificate needs to be maintained in the RoC records.

Step 6

After receiving the certificate, the company must update all official records, including bank accounts, business licenses, and contracts. It is also important to notify clients, suppliers, and stakeholders of the name change to avoid any confusion.

Documents required for Company Name Change

Certified copy of Board Resolution

Certified copy of the Special Resolution

Articles of Association (AoA)

Notice of EGM

RoC Name Approval

Form MGT-14

Form INC-24

Old Certificate of Incorporation

Fee payment receipts

FAQs

What is the procedure for changing a company name?

The process includes holding a board meeting, checking the name availability through the RUN service, filing the necessary forms with the RoC, and updating all relevant documents after approval.

What is a special resolution for a company name change?

A special resolution is a shareholder approval that requires a 75% majority. It is mandatory for major changes like a company name change and must be passed during the Extraordinary General Meeting (EGM).

How can I check the availability of a new company name?

You can check the availability of the new company name using the RUN (Reserve Unique Name) service on the MCA website. This service allows you to ensure the name is available before filing for a change.

Is shareholder approval mandatory for a name change?

Yes, shareholder approval is required for a company name change, especially when the change involves a new identity or significant alteration. A special resolution must be passed with 75% approval.

Can I change the company name at any time?

Yes, you can change the company name at any time by following the legal procedure set by the Companies Act, 2013. Ensure all compliance requirements, such as RoC approval and shareholder resolution, are met.

Is there a fee for filing a company name change?

Yes, there are government filing fees associated with filing forms like MGT-14 and INC-24. The fees vary depending on the company’s share capital.

Do I need to inform clients before changing the company name?

Yes, it’s important to notify clients, suppliers, and all relevant stakeholders about the company name change to avoid confusion and ensure smooth business operations.

Will the name change affect the company’s legal contracts?

Yes, all legal contracts, agreements, and documents need to be updated with the new company name. This ensures legal continuity and prevents any contractual issues after the name change.

What is the cost of changing the company name?

The cost includes government filing fees, legal fees (if any), and potential rebranding or administrative costs involved in updating documents and communicating the name change.

What happens if the new name is rejected by the RoC?

If the RoC rejects the proposed name, you will need to submit an alternate name that complies with the Companies Act guidelines. The name must not be similar to existing companies or trademarks in the same industry.