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February 26, 2019
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March 1, 2019
Private Limited Company Name Change
Company name is its identity in business. Where company find its important to change in name of company then below article explain about procedure. Along with name change of company its important to alter AOA & MOA. Section 13 of Companies Act 2013 gives guideline for change AOA MOA. Procedure for Private Limited company name change is time consuming and require lost of paper work. Where company changes its name it does not have any legal impact on identity of company. If there any legal proceeding is name of company then same shall continue. There are 6 simple steps to be followed by Private Limited Company For Change in Name of Company.
- Pass Board Resolution
- Apply For New Name in Form RUN
- Conduct Extra Ordinary General Meeting
- Pass Resolution For Company Name Change
- File MGT 14 For Company Name Change
- Get New Name Change Registration Certificate
For Which Company Change in Name is not allowed ?
- Companies which not filed annual returns to register
- Companies which failed to pay or repay matured deposits or debentures or interest thereon
Procedure For Private Limited Company Name Change
Step 1: Pass Board Resolution
For Change in Company Name Procedure first stage is issue notice to board members to conduct meeting. Company should hold board meeting as per Section 173 of Companies Act. In Board meeting board should discuss about change in Company name. Suggest proposed name of company.
- Issue notice of board meeting
- Discuss Proposed New Name in meeting
- Pass resolution for selected names
- Authorize director to act on behalf of company to change name legal filing
Step 2: Apply For New Name in Form RUN
For Change in name of Private Limited company , it need to be ensured that proposed name is unique. And it’s as per guidelines of Companies Act 2013. Check availability of proposed name on MCA Website and on Trade mark website. File RUN Form ( Reserve Unique Name ) online to MCA. Attachment for this run form are copy of board resolution and Trade mark Owner approval copy if any. Once MCA approved new name they will issue name reservation letter.
- Check Availability of Proposed Name on MCA Site
- Check Availability of New name on Trade mark Site
- File RUN Form For Name reservation
- Make payment of Fees of Rs.1000/-
- Get Name Reservation letter ( valid for 60 days )
Step 3: Conduct Extra Ordinary General Meeting
Once company get name reservation letter , company shall call for Extra Ordinary General meeting. Notice for EGM should be given at least 21 days before to members. Notice shall mention place of meeting , date of meeting and subject of meeting. The board has to then issue a notice to all Shareholders, Directors, and auditors of the company in accordance with Section 101 of Companies act 2013.
- Issue notice of EGM to Shareholders, Directors & Auditor
- Notice should be given 21 days before of EGM
- Notice must mention date , time and place of meeting & details of business to be
- If 95% of the shareholders consent then EGM can be conducted on a shorter notice
Step 4: Pass Resolution For Company Name Change
Company need to pass a resolution for Change in name of company. Where there is object clause is changes due to name change then same need to be discussed in meeting and pass resolution.
Resolution shall contain following details
- Change Company name & Alter AOA MOA
- Delete any other object in object clause
- Liability clause of the MOA has to be amended.
- New AOA and MOA has to be adopted
Step 5 : File MGT 14 For Company Name Change
After passing of special resolution in Extra ordinary general meeting company need to apply for name change of Private Limited Company. Form MGT 14 need to filed within 30 days of passing of special resolution.
Attachment to MGT 14
- Copy of notice of EGM
- Copy of Special Resolution
- Copy of notice of meeting
- Minutes of EGM
- Copy of MOA
Step 6 : Get New Name Change Registration Certificate
After filing of necessary documents in Form MGT 14 , MCA will check documents. If MCA is fine with documents then they mays issue Name change registration certificate. Its not necessary that name should reflect object of company. However if it there object in company name then it should be as per Object clause of company.Private Limited Company Name Change.
What Next After Private Limited Company Name Change
- Mention both name in legal documents for at least 2 years.
- Make change in bank account.
- Make change in letter heads , Cards etc.
- Update GST Certificate if any
- Update other registration Like PF , ESIC , PT Etc.
- Amend Vendor agreement
- Amend agreement with clients
Points to be Remembered while Private Limited Company Name Change
- Avoid choosing new name identical to existing Company
- Avoid general names
- Avoid using name of State / Country
- Using names of other than directors
Apply Change Private Limited Company Name
