Is there any Rules for Select Company name at the time of Submission of From1A?
KAILASH A. DANGADE (ACCOUNTS & FINANCE MANAGER) (121 Points)
06 May 2010Is there any Rules for Select Company name at the time of Submission of From1A?
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 06 May 2010
Find attachment as desired. This file helps you to select the name with desired capital.
Narendra Verma
(Senior Executive)
(116 Points)
Replied 06 May 2010
yes dear, there are statutory provisions and guidlines for deciding the name of a company. Pls refer section 20 of companies act, 1956 and guidline attached herewith.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 06 May 2010
1. Selecting a name
The name of the company having limited liability must be followed by the word 'Limited' in case of a public limited company and 'Private Limited' in case of a private company. However, section 25 Companies does not require any such suffixes to their name.
The promoters may select any suitable name. As per provisions of section 20 of the Act, no company shall be registered by a name, which is considered undesirable by the Central Government.
2. Undesirable names in general meaning
In broader sense:
1. a company cannot be allowed to register itself with a name by which a company has already been registered and is in existence;
2. a company cannot select a name which is identical or too closely or nearly resembles the name of an existing company in the country;
3. the proposed name should not be prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
3. Name, which is identical or too nearly resembles with name of already registered company
If name of a company gives such misleading indication of its activities as to cause harm to public, it should not be registered.
Provisions of sections 20 to 22 do not exclude right of a person adversely affected to maintain an action in passing off and adoption of a corporate name by a company is liable to be tested on same principles as are applied to an action in passing off.
4. Name of a defunct company may be made available by the Registrar
If a company is practically defunct, it is not a bar to the registration of a new company with a similar (not identical name).
Executive Board of the Methodist Church in India v Union of India (1985).
5. Applying to the Registrar for confirmation of availability of the proposed name
Pursuant to section 20 of the Act read with rule 4A of the Companies (Central Government's) General Rules and Forms, 1956, the promoters of a new company under a proposed name shall make an application in an e-Form 1A alongwith fee of Rs. 500.
6. Confirmation of the availability of name by the Registrar
On receipt of the application in e-Form 1A, electronically, the Registrar shall provide a letter for his conformation or observations regarding availability of name
Analysis of 20 GST Notices (including 2 Appeals) and Practise on Drafting(with recording)
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