| ALTERATION OF NAME CLAUSE |
An
entity is an artificial person which gets its separate and legal identity
through its name. The management of the company desiring to change the Company The name would need the consent of its shareholders and the approval of the ROC.
The reason for a change of name of the company can be many, such as a new
branding plan, mergers, and amalgamation, a change in business activity, etc.
Some example
|
OLD NAME |
NEW NAME |
|
Foobiebay |
Zomato |
|
Burbn |
Instagram |
|
Confinity |
Paypal |
|
Odeo |
Twitter |
FORMS:
MGT-14 – File within 30days from the date of passing special
resolution
INC-24 – File within 30days from the date of passing special
resolution
INC-28- Order of Registrar for a certificate of incorporation
PROHIBITED
COMPANY:
The change
of name shall not be allowed to a company:
- which has not filed annual returns or
financial statements due for filing with the Registrar or
- which has failed to pay or repay matured
deposits or debentures or interest thereon
PROCEDURE:
·
Company shall apply for reservation of name
to the Registrar of Companies in RUN Form on MCA (The name once approved
shall be valid for 60days)
·
Preparation of Board resolution
·
Preparation of extraordinary general meeting
bypassing Special Resolution (CTC of SR)
·
Preparation of Altered MOA
- After the name gets approved file form MGT-14 & INC-24 to give effect to change
in name.
- Average
Time taken to complete the whole process is 20-25 working days.
Procedure
for Change of name in case of LLP in India:
- The LLP
may change its name by following the procedure as laid down in the LLP
agreement. Where the LLP agreement does not contain any procedure, consent
of all partners is required for changing the name of the LLP.
- LLP
shall apply for reservation of name to the Registrar of Companies in RUN
LLP
- After the name gets approved file form MGT-14 & INC-24 to give effect to change
in name.
- Application
to be filed in eForm 5 for change of name of the LLP to the
proposed name reserved for the purpose.
- File eform
3 for amendment in the LLP Agreement within 30 days of a change of the
name.
- Average
Time taken to complete the whole process is 20-25 working days.