11 July 2024
Yes, you can use the name of a State/UT or "India" in the name of a proposed company, subject to certain guidelines and approval processes under the Companies Act, 2013 and rules prescribed by the Ministry of Corporate Affairs (MCA). Here are the key points to consider:
1. **Regulatory Guidelines:** According to the Companies (Incorporation) Rules, 2014, names of companies cannot be identical to the name of any State or Union Territory of India or include the words "Central Government", "Union", "Republic", "National", "Small Scale Industries", "Khadi and Village Industries Corporation", or any similar name of a State Government or the Central Government.
2. **Approval Process:** If your proposed company's name includes the name of a State/UT or "India", it may require approval from the concerned Registrar of Companies (RoC). The RoC will check for any potential conflicts or objections from the perspective of public interest, similar existing names, and statutory provisions.
3. **Precautions:** It's advisable to conduct a thorough name availability search on the MCA portal (www.mca.gov.in) to check if your proposed name is available and doesn't conflict with any existing company names. This search helps in avoiding objections during the name approval process.
4. **Additional Considerations:** Ensure that the proposed name complies with other general guidelines, such as avoiding offensive or undesirable terms, being indicative of the main objects of the company, and not misleading or deceptive.
5. **Legal Advice:** If you have specific concerns or uncertainties regarding the proposed name, seeking advice from a qualified company secretary or legal professional can provide clarity and ensure compliance with all regulatory requirements.
By following these guidelines and procedures, you can determine if the proposed name including the name of a State/UT or "India" is permissible and proceed with the company incorporation process smoothly.
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