Guidelines To Approve Firm’s Name

Guidelines framed by the Council relating to Approval of Proprietorship Concern/Firm's name under Regulation 169 of the Company Secretaries Regulations, 1982.

1.      A trade or firm name shall be restricted to the name(s) of the proprietor/partners or a name which is already is use;

2.      A trade/firm name may include the name(s) of the member(s) as it/they appear in the Register of Members in the following manners;

1. For Sole proprietorship concern
   1. Name comprising surname, first name and/or middle name of the member
   2. Full first name or its initial and surname of the member
   3. Initials of the first name and/or middle name with full surname
   4. Initials of full name
   5. Any combination as permissible above.
2. For Partnership
   1. Full surname of two or more partners
   2. Full first name of two or more partners
   3. Combination of first names and/or surnames of two or more partners
   4. Combination of initials of first names and/or middle names or surnames of the two or more partners
   5. Combination of first names, middle names, surnames or initials of two or more partners
   6. Initials of names of two or more partners.

3.      General

i.                     A trade or firm name shall not be approved if the same or similar or nearly similar name is already used by a Company Secretary in practice or which resembles the name of Company Secretary in practice or firm of such Company Secretaries and has been entered in the Register of offices of firms.

ii.                   The trade or firm name shall be suffixed by the suffixes �& Co. �,�& Company� or �& Associates� or their equivalents.  Suffixes like �& Partners� �& Fellows� and other words as may be considered undesirable shall not be allowed by the Council.

iii.      A trade/firm name, which has no relationship with the name of member(s) as above, shall not be allowed.

iv.                 Descripttive trade/firm names shall not be allowed.

v.                   Trade/firm names, which denote publicity shall not be allowed.

vi.                 The name, middle name and surname of the member shall conform to the name, middle name and surname as they appear in the register of members.

vii.                In case any change in the status of the firm i.e from individual firm to partnership firm or vice-versa, the firm name already been in use by any of the partner or individual could be approved provided there is no objection by any of the partners or individual.

viii.              A trade/firm name which was in use by a proprietor or partners shall not be allowed to any other member or members for a period of three years of the closure of firm.  The name may be re-allotted to the same member or members upto a period of three years of the closer of the firm.  In event of removal of name of a practicing member, the firm name shall be reserved for a period of three years from the date of approval.  After expiry of period of three years, the said trade/firm name may be allowed to any member or members who are eligible for allotment of such name under the guidelines.

ix.                 After various permutations and combinations under guidelines 2(i) and (ii) have been exhausted and the member is not able to get approval of Firm/trade name in accordance with the same, he may be permitted to adopt or coin a Firm/ trade name out of the names of his/her family members provided that such name was not already registered by some other members. The term "family" for this purpose means husband, wife, father, mother, son and daughter. An affidavit or other evidence to the satisfaction of the Secretary is to be produced in such cases.

x.                    Any reconstitution of the firm with the same firm name shall not have effect except with the prior approval of the Council pursuant to Regulation 170."