Naming ceremony of your Dream Company! Name approval Guidelines

Can you keep any name of your choice to your dream venture (private limited company or limited liability partnership firm)?

Yes; provided you follow name approval guidelines and the name is approved by the Registrar of Companies (ROC), the registering authority in India.

In this article, we have made a modest attempt to share the rules of getting the name for your proposed company

The First Step:

Check whether the desired name of the proposed company is already exists in India.  If it exists, you have to find an alternative name; If similar name doesn’t exist, you can go ahead and reserve the name with ROC by making an application.

The Guidelines for allotted of Names:

As per Sec 4 read with rule 8 of the Companies Act prescribed certain guidelines to be followed for fixing name of a proposed company. Some of the important aspects are –

• Similar or Resembling Name: Name shall not be identical or too nearly resemble to the name of existing company or Limited Liability Partnerships (LLP)

•  Keyword used other than promoter name: In case the keyword used in the name proposed is the name of a person other than the name(s) of the promoters or their close blood relatives, No objection from such other (s) shall be attached with the application for name. 

• Keyword includes name of relatives: In case the name includes the name of relatives, the proof of relation shall be  attached. It  shall  be  mandatory  to  furnish  the significance  and  proof  thereof  for  use  of  coined  words  made  out  of  the  name  of  the promoters or their relatives.

• Name of Registered Trade Mark: The name shall be considered undesirable if  it includes the name of a registered trade mark or a trade mark which is subject of an application for registration.

• Name not in Consonance with the object of the company: The name shall also be considered undesirable, if it is not in consonance with the principal objects of the company as set out in the memorandum of association.

• Using name of an existing business: The applicant shall declare in affirmative or negative (to affirm or deny) whether they are using or have been using in the last 5 years , the name applied for incorporation of company or LLP in any other business constitution like Sole proprietor or Partnership or any other incorporated or unincorporated entity and if, yes details thereof and NOC from other partners and associates for use of such name by the proposed Company or LLP as the case may be and also a declaration as to whether such other business shall be taken over by the proposed company or LLP or not.

• Name can’t contain any word or expression which gives impression that company is in some way connected with the central Govt, State Govt, and local authority.

• Name shall be considered undesirable, if it  attracts  the  provisions  of  section  3  of  the    Emblems  and  Names (Prevention and Improper Use)  Act, 1950

• Name of subsidiary of a Foreign Company: If a foreign company is incorporating its subsidiary company in India,  then the original name of the holding company as it is, may be allowed with the addition of word India or name of any Indian state or city, if otherwise available.

• The proposed name should not include name of any foreign country or any city in  a  foreign  country. However the same shall  be  allowed  if  the  applicant produces any proof of significance of business relations with such foreign country like MOU with a company of such country.

• The  proposed  name  shall not include word with  or  patronage  of  a  national  hero  or  any  person  held  in  high esteem  or  important  personages  who  occupied  or  are  occupying important positions in Government.

• Abbreviated Name: The proposed name should not contain vague or an abbreviated name such as ‘ABC limited’ or ‘23K limited’ or ‘DJMO’ Ltd. Abbreviated name based on the name of the promoters will also be not allowed. However existing  company  may  use  its  abbreviated  name  as part of the name for formation of a new company as subsidiary or joint  venture  or  associate  company with some restrictions.

• General Name: The name should not be general one like Cotton Textile Mills Ltd. or Silk Manufacturing Ltd.

• Misleading scope and scale of activity: Proposed name should not give misleading impression regarding the  scope  or  scale  of  its  activities  which  would  be  beyond  the resources at its disposal.

• Change of line of activities: If any company has changed its activities which are not reflected in its name, it shall change its name in line with its activities   within a period of six months from the change of activities after complying with all the provisions as applicable to change of name

• Company can’t use name which will constitute an offence under any law for the time being in force.

 Following Guidelines with respect to Authorised capital shall be followed in the use of keyword as a part of name

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