Indicate of the business in certain cases
If the name is not in agreement with the companies principal objects as set out in its memorandum of association. If the company’s main business is finance, the name should be indicative of the particular finance activities.
Offensive to any section of people
The name should not be offensive to any section of the people so also names which appear confusing with any political or religious organization are to be considered undesirable.
A name which is a Hindi translation
If the proposed name is the Hindi translation of the name of an existing company in English, this is not allowed.
General names not allowed
If the name is only a general one like Silk manufacturing Ltd it cannot be allowed.
Inclusion of word “co-operative” not allowed
If the name includes “co-operative” “Sahkari” or the equivalent in regional language, that will not be allowed.
A name should not connote government patronage
The words such as National, Central, Union, Federal, President,Rashtrapati or any body connected with the Union or State Government.
Banking, insurance, mutual fund etc
If the objects contain banking, stock exchange, insurance, mutual fund, etc., a copy of the in principle approval of the competent authority should be enclosed. The authorized capital of the proposed company should be in conformity with the guidelines issued by such authorities.
Names with vague alphabets not allowed
If the proposed name is vague like R.S.Private Ltd, the same will not be allowed except where the same is the abbreviated version of an existing company in the case of change in name.
Close resemblance to important or abbreviated name of reputed companies
Name which closely resemble the popular or abbreviated of companies like Tisco (Tata Iron and Steel Company Limited) are not allowed.
Abbreviated name for change of name under section 21
The abbreviated name will be considered only in case of change of name (of an existing company) under section 21 with the prior approval of the regional director.
A name with a place as a part
Where there is an existing company, same name with the inclusion of a place in brackets for a company cannot be proposed as for example the name Indian Press (Coimbatore) Limited cannot be allowed in view of the existence of a company with the name Indian Press Limited.
Name shall not resemble the name of an existing company
While a new name shall not resemble or too nearly resemble the name of an existing company.
Proposed name almost similar to existing name with some change
Mere cosmetic change of an existing name as proposed name by the addition of words like New, Modern, Nav, etc. In names such as New Bata Shoe Company Limited will not be allowed.
Names containing ‘popular’ ‘general’ etc
The common words like popular, general, janata will not be allowed, if the companies are in the same state and doing same business.
A new name with an existing trademark will not be allowed
A new name which includes a registered trademark will not be allowed unless the consent of the owner of the trademark is produced.
Resemblance to existing names extends to reputed firms or foreign companies
It is interesting to note that the principle of undesirability of a proposed name resembling the name of an existing company is extended to the name of existing unregistered companies or firms of repute.
Inclusion of words like ‘Investment’, ‘Trust’, Insurance and bank/banking
Inclusion of words like ‘Investment’, ‘Trust’, etc may be allowed only if the circumstances justify.
Names of companies being dissolved or already dissolved
The preferred name which is similar with or which closely resembles the name of a company under dissolution will not be allowed. The registration of a proposed name which is closely resembles an company name is dissolved under section 560. It will not be allowed for a period of 5 yrs.
Inclusion of words ‘industries/business’
The objection to allow inclusion of words like ‘Business’ or ‘Industries’ may not hold good in the present context.
Name giving misleading impression
It is likely or intended to produce a misleading impression regarding the scope or scale of its activities which would be beyond the resources at its disposal. The name will not be allowed.
Inclusion of a state in name non-government company
If the proposed name includes the word ‘State’ along with the name of the state such as Kerala State Company Limited.
Words like company and corporation
The proposed name of Rajasthan Finance Company Limited will be regarded as undesirable as there is an existing company by the name Rajasthan Finance Corporation.
Inclusion of names of foreign countries
If the proposed name includes German, British, French, etc.
First word which is different considered enough
It was stated that even where except for the first word all other words of the proposed names are similar to those of an existing company.
Inclusion of a proper name
Where the proposed name includes a proper name which is not the name or surname of a director.
Name with alphabets and figure
ROCs may allow names with alphabets like i2 technologies ltd etc as such names are being increasingly used by many companies in other countries.
Guidelines for change of name of an existing company
In case of application for availability of name for the purpose of change of name of existing company such request can be considered on fulfilling of following conditions:
(a) Abbreviated name or names without containing the objects can be given only if there is a registered trademark or the company had sizeable turnover during the past three years.
(b) There was no public issue of the company during last five years.
(c) There is up-to-date filing of statutory returns like regarding balance sheet and annual return.
(d) Such applicant company must have statutory officers like Company Secretaries, Chief Accounts Officer, Managing Director if required under the act.
(e) No change of name should be allowed in case winding-up petition is pending before any court of law against the company.
(f) No change of name should be allowed in case any Authority/Court has identified the company as a vanishing/tainted/scam company.
(g) There should not be any non-compliance of order of court/tribunal/CLB in repayment of small depositors/debenture holders.
For Company Registration Related Queries in Coimbatore
Company Registration Related Queries in Salem
