Incorporation - name approval
This query is : Resolved
02 September 2014
I want to apply name containing the word Bharat and for another company India , pl. know me the procedure how to apply to Central Government.
09 September 2014
Pl. tell me how to apply to central government for having word ' Bharat ' in the name of the company
31 July 2024
To incorporate a company in India with names containing the words "Bharat" or "India," you need to follow specific procedures. These names are considered sensitive and may require approval from the Central Government. Here’s a step-by-step guide:
### **Procedure for Using Words like "Bharat" or "India" in Company Name**
1. **Name Availability Check:**
- Before applying for approval, check the availability of the desired name using the **Company Name Search** tool available on the [Ministry of Corporate Affairs (MCA) website](https://www.mca.gov.in/).
2. **Application for Name Approval:**
**For Names Containing "Bharat":**
- **Apply for Approval:**
- File a request for the use of the word "Bharat" in the company name to the **Central Government** through the Ministry of Corporate Affairs (MCA). This is done through the form **RUN (Reserve Unique Name)** or **SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus)**.
- You may need to provide a detailed explanation and justification for the inclusion of the word "Bharat" in the name.
- You might be required to submit additional documents or letters of approval from relevant authorities.
**For Names Containing "India":**
- **Apply for Approval:**
- Similar to the above, submit a request for using "India" in the name. This might involve a detailed justification for the use of the word.
- File this through the same forms (RUN or SPICe+).
3. **Supporting Documentation:**
- Provide a declaration that the proposed name does not violate any existing trademark or name rights.
- Submit a letter or affidavit explaining the purpose and necessity of using the word "Bharat" or "India" in the company name.
- Attach any additional documents as required by the Central Government or MCA.
4. **Review and Approval:**
- The application will be reviewed by the relevant authorities. If the name is deemed appropriate and in compliance with regulations, you will receive approval.
- This process can take some time, so ensure you apply well in advance.
5. **Incorporation Forms:**
- Once you receive approval for the name, proceed with filing the incorporation forms (SPICe+ form) with the MCA.
- Submit the approved name, along with other necessary details and documents, as part of the incorporation process.
6. **Final Steps:**
- After successful approval and incorporation, ensure compliance with all regulatory requirements.
- Update the company records and notify any relevant authorities or stakeholders of the approved name.
### **Points to Note:**
- **Approval from Central Government:** Using sensitive words like "Bharat" and "India" may require additional scrutiny and justification.
- **Timelines:** The process may take longer than usual due to the need for special approval.
- **Legal Advice:** Consult with a legal advisor or company secretary to ensure all necessary steps and justifications are adequately addressed.
By following these steps and providing necessary documentation, you can apply for the use of the words "Bharat" or "India" in your company's name and ensure compliance with regulatory requirements.
### **Procedure for Using Words like "Bharat" or "India" in Company Name**
1. **Name Availability Check:**
- Before applying for approval, check the availability of the desired name using the **Company Name Search** tool available on the [Ministry of Corporate Affairs (MCA) website](https://www.mca.gov.in/).
2. **Application for Name Approval:**
**For Names Containing "Bharat":**
- **Apply for Approval:**
- File a request for the use of the word "Bharat" in the company name to the **Central Government** through the Ministry of Corporate Affairs (MCA). This is done through the form **RUN (Reserve Unique Name)** or **SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus)**.
- You may need to provide a detailed explanation and justification for the inclusion of the word "Bharat" in the name.
- You might be required to submit additional documents or letters of approval from relevant authorities.
**For Names Containing "India":**
- **Apply for Approval:**
- Similar to the above, submit a request for using "India" in the name. This might involve a detailed justification for the use of the word.
- File this through the same forms (RUN or SPICe+).
3. **Supporting Documentation:**
- Provide a declaration that the proposed name does not violate any existing trademark or name rights.
- Submit a letter or affidavit explaining the purpose and necessity of using the word "Bharat" or "India" in the company name.
- Attach any additional documents as required by the Central Government or MCA.
4. **Review and Approval:**
- The application will be reviewed by the relevant authorities. If the name is deemed appropriate and in compliance with regulations, you will receive approval.
- This process can take some time, so ensure you apply well in advance.
5. **Incorporation Forms:**
- Once you receive approval for the name, proceed with filing the incorporation forms (SPICe+ form) with the MCA.
- Submit the approved name, along with other necessary details and documents, as part of the incorporation process.
6. **Final Steps:**
- After successful approval and incorporation, ensure compliance with all regulatory requirements.
- Update the company records and notify any relevant authorities or stakeholders of the approved name.
### **Points to Note:**
- **Approval from Central Government:** Using sensitive words like "Bharat" and "India" may require additional scrutiny and justification.
- **Timelines:** The process may take longer than usual due to the need for special approval.
- **Legal Advice:** Consult with a legal advisor or company secretary to ensure all necessary steps and justifications are adequately addressed.
By following these steps and providing necessary documentation, you can apply for the use of the words "Bharat" or "India" in your company's name and ensure compliance with regulatory requirements.
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