10 August 2009
NAME OF OUR COMPANY IS IDENTICAL THE NAME OF AN OTHER COMPANY. I WANT TO CHANGE OUR COMPANY NAME. TELL ME THE PROCEDURE FOR CHANGE OF COMPANY NAME. INCORPORATION DATE OF OUR COMPANY IS 06/07/1995.
Powers of the Central Government for rectification of name of an existing company
In case if the name of a company on its registration or on registration with changed name, it has come to the knowledge of the company or if in the opinion of the Central Government the name of the company is identical or closely resembles the name of a company which is already in existence, such company on the knowledge of the facts itself or by the Central Government, may be asked by the Central Government to change the name within 12 months of incorporation or change in the name of the company as the case may be. In either case, all the formalities described earlier shall be taken as under:—
(a) apply to the Registrar in e-Form 1A alongwith fee of Rs. 500 for confirmation of availability of name;
(b) the Board of directors will accord its approval, subject to other approvals by the RBI/Stock Exchange, etc., to change the name. The Board will also fix the date and time for a general meeting and will approve the notice to be sent to the members. The Board will also authorise the Secretary to take all necessary actions in the matter;
(c) after getting the approval of the members by an ordinary resolution, the company shall apply to the Regional Director in e-Form 24A, to whom power is delegated under section 22, for obtaining approval for the change in name. The required fees shall also be paid as per the Companies (Fees on Application) Rules, 1999;
(d) after receiving the approval from the Regional Director, apply to the Registrar for issuance of a fresh certificate of incorporation.
Powers of the Central Government for rectification of name of an existing company
In case if the name of a company on its registration or on registration with changed name, it has come to the knowledge of the company or if in the opinion of the Central Government the name of the company is identical or closely resembles the name of a company which is already in existence, such company on the knowledge of the facts itself or by the Central Government, may be asked by the Central Government to change the name within 12 months of incorporation or change in the name of the company as the case may be. In either case, all the formalities described earlier shall be taken as under:—
(a) apply to the Registrar in e-Form 1A alongwith fee of Rs. 500 for confirmation of availability of name;
(b) the Board of directors will accord its approval, subject to other approvals by the RBI/Stock Exchange, etc., to change the name. The Board will also fix the date and time for a general meeting and will approve the notice to be sent to the members. The Board will also authorise the Secretary to take all necessary actions in the matter;
(c) after getting the approval of the members by an ordinary resolution, the company shall apply to the Regional Director in e-Form 24A, to whom power is delegated under section 22, for obtaining approval for the change in name. The required fees shall also be paid as per the Companies (Fees on Application) Rules, 1999;
(d) after receiving the approval from the Regional Director, apply to the Registrar for issuance of a fresh certificate of incorporation.
CAclubindia
