Rectification in name of the Company under Company Act, 2013
May 25, 2020
Procedure for appointment of Additional Director
May 27, 2020
Board Resolution for Rectification of name of the Company
The name of the company throws first impression in the minds of the customers. It is very important for entrepreneur to choose appropriate name while registration of the Company. Rectification of name of the company takes place when any entrepreneur makes a representation or application to the Central Government i.e Regional Director of concerned zone on the grounds that the name opted is inappropriate or nearly resembling or identical to the name of existing companies/ LLPs or Trademarks registered under Indian Trade Marks Act, 1999.
Application by the Entrepreneur with the Central Government
If during the lifetime of the company or even before its registration, any entrepreneur finds any other company having identical, resembling or nearly resembling name, having a registered trademark, it may make an application to the Regional Director in form RD-1 along with the supportive documents. On being satisfied the government may approve the application or may also reject it if the grounds for application are not sufficient.
Representation to Regional Director in form RD-1
Form RD-1 is designed for making any application to the Regional Director for rectification of name of company.
Documents Required
- Name approval letter
- Copy of Board Resolution
- Copy of EOGM resolution
- Altered copy of memorandum of association of the company
- Altered copy of Articles of association of the company
- Copy of Registered Trademark Certificate if any
- Any other document as may be asked on query raised if any.
Board Resolution for Rectification of name of the Company
CERTIFIED COPY OF THE RESOLUTION PASSED AT THE BOARD OF DIRCETORS MEETING OF ………………………………………PRIVATE LIMITED HELD ON ……………..AT THIS DAY……………………………..AT THE REGISTERED OFFICE OF THE COMPANY AT …………………………………………………………………………..AT 11.00 A.M AND CONCLUDED AT 11:30 A.M
RESOLUTION FOR CALLING EXTRA ORDINARY GENERAL MEETING FOR RECTIFICATION IN NAME OF THE COMPANY SUBJECT TO APPROVAL OF CENTRAL GOVERNMENT AND SHAREHOLDERS OF THE COMPANY.
The chairman informed the board that the board of directors of the company hereby on order of the Central Government and in lieu of Sec 16, of the Companies Act, 2013 proposes to rectify the name of the company from the present name “…………………………………….. Private Limited” to “…………………………………..Private Limited” subject to the approval of the central government and the shareholders of the Company.
RESOLVED THAT subject to the provisions of Sec 16 of the Companies Act, 2013 and other applicable provisions if any, and subject to the approval of the Central Government and Board of Directors of the Company, the name of the Company be and is hereby changed from “…………………………Private Limited” to “……………………Private Limited” or some other name as maybe made available by the Registrar of Companies and agreed upon by the Board of Directors of the Company.
RESOLVED FURTHER THAT Mr……………………………, Managing Director/ Director of the Company be and is hereby authorised to make necessary application for obtaining approval for rectification of name of the company accordingly to the Registrar of Companies……………………… and to do all such acts and things as may be deemed necessary in this regard.
RESOLVED FURTHER THAT an Extraordinary General Meeting of the Company be convened on ………………………………………………………. at 11:00 A.M, at the …………………………………………………………………..for obtaining the consent of the shareholders to the said rectification of name.
RESOLVED FURTHER THAT, the draft notice for convening the Extraordinary General Meeting on ………………………………… as placed before the Board Meeting be and is hereby approved.
RESOLVED FURTHER THAT Mr………………………….., be and is hereby authorised to sign the said notice for and on behalf of the Board of Directors of the Company.
RESOLVED FURTHER THAT Mr…………………………………, be and is hereby authorised to send the notice of the meeting to all the Members of the Company and the persons entitled to the notice.
FOR AND ON BEHALF OF
……………………………………….PRIVATE LIMITED
………………………… ………………………………………..
Director Director
DIN:………………………… DIN: ……………………
Date:
Place:
Special Resolution for Rectification of name of the Company
CERTIFIED COPY OF THE RESOLUTION PASSED AT EXTRA ORDINARY GENERAL MEETING OF MEMBERS OF ………………………………………PRIVATE LIMITED HELD ON ……………..AT THIS DAY……………………………..AT THE REGISTERED OFFICE OF THE COMPANY AT …………………………………………………………………………..AT 11.00 A.M AND CONCLUDED AT 11:30 A.M
EXTRA ORDINARY GENERAL MEETING FOR RECTIFICATION IN NAME OF THE COMPANY SUBJECT TO APPROVAL OF CENTRAL GOVERNMENT AND SHAREHOLDERS OF THE COMPANY.
The chairman informed the members that the company hereby on order of the Central Government and in lieu of Sec 16, of the Companies Act, 2013 proposes to rectify the name of the company from the present name “…………………………………….. Private Limited” to “…………………………………..Private Limited” subject to the approval of the central government and the shareholders of the Company.
RESOLVED THAT subject to the provisions of Sec 16 of the Companies Act, 2013 and other applicable provisions if any, and subject to the approval of the Central Government and shareholders of the Company, the name of the Company be and is hereby changed from “…………………………Private Limited” to “……………………Private Limited” or some other name as maybe made available by the Registrar of Companies and agreed upon by the Board of Directors of the Company.
RESOLVED FURTHER THAT Mr……………………………, Managing Director/ Director of the Company be and is hereby authorised to make necessary application for obtaining approval for rectification of name of the company accordingly to the Registrar of Companies……………………… and to do all such acts and things as may be deemed necessary in this regard.
RESOLVED FURTHER THAT Mr…………………………………, be and is hereby authorised to send the notice of the meeting to all the Members of the Company and the persons entitled to the notice.
FOR AND ON BEHALF OF
……………………………………….PRIVATE LIMITED
………………………… ………………………………………..
Director Director
DIN:………………………… DIN: ……………………
Date:
Place:
