Change of Company Name

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Overview

The name of a private limited company is its distinct identity and the first aspect specified in its Memorandum of Association (MOA). Should the company’s management wish to change its name, this can be done with the approval of both the shareholders and the Registrar of Companies (ROC). The process of changing a company’s name involves four steps and requires obtaining prior approval, fulfilling specific requirements.

These companies require a minimum of 2 and can have up to 200 shareholders, with shares not being publicly traded. Managed by a Board of Directors, they are required to comply with the regulatory framework set by the Indian government.

Ideal for small to medium-sized enterprises, Private Limited Companies offer both operational flexibility and ease of management.

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Reasons for Change of Company Name

Voluntary Change of Name

A company has the option to voluntarily change its name, provided all necessary legal and procedural requirements are satisfied. This is a common and permissible practice under company law.

Change in Business Activity

A company may choose to change its name to reflect new or expanded business objectives, and in doing so, it may also need to alter its Memorandum of Association (MOA) to update its main objectives accordingly.

In Compliance of ROC Direction

The Registrar of Companies (ROC) has the authority to direct a company to change its name if a complaint is filed by another company asserting a prior right to that name or a similar trademark.

For Rebranding/Marketing

Companies sometimes change their name for marketing and branding purposes, aiming to align it with current trends and improve their brand positioning.

Change of ownership

The company name frequently changes to represent the authority of the new management and for branding reasons when a firm’s ownership or ownership by an entity changes.

To Avoid IPR Issues

Companies may change their name to bolster their trademarks or copyrights, or to proactively avoid potential intellectual property disputes.

Sr. No.	Reason for Filing of Form	e-Form	Due Date	Remarks	Penalty
1	Application for Reservation of Name	RUN (Reserve Unique Name)	–	–	–
2	Application for approval of CG for change of name	Form INC-24	For a name change within 60 days after submitting the application.	A company that has failed to file its annual returns, financial statements, or any other required documents with the Registrar, or has defaulted on matured deposits, debentures, or interest payments, is not eligible for a name change. Upon successful completion of the name change, a new certificate of incorporation in Form INC.25 will be issued to the company.	“A company that fails to comply with the directives from the central government will face punishment and penalties, with a daily fine of up to Rs.1000 for each day of default. Additionally, officers in default may face fines ranging from Rs.5000 to Rs.1,00,000.”