Today at myonlineca we are discuss about the name guidelines for the company or llp. if you want to start a company in India but confuse about the name rules then this article is only for you. Under Companies Act, 2013 the Name Guidelines for companies has been laid down. As per the Act, for a name to be accepted for the incorporation of a new company, it must be unique and fascinating.
In this article, we take a look at those conditions and aspects that are to be kept in mind while choosing a name for your New Company as Per The Name Guidelines .That is as follows:
Planned name should not be exactly same with another existing name
A proposed name for a company should not match with the name of an existing company In India . to ensure that the chosen name is not similar to that of any existing company you need to make sure that following condition is not there.like Plural form of any of the words that is appearing in the name of an existing company, Changes to type, case of letters, spacing between letters and punctuation marks, Joining word or separating the words, The use of a different tense or number,Different phonetic spellings or spelling variations , intentionally misspelled words,Addition of internet related designation such as .com, .net, .edu, .gov, .org,Addition of common names or titles like New, Modern, Nav, Shri, Sri, Shree, Sree, Om, Jai, Sai, The, etc,Addition of name of place,Different combination of the same words and Translation of a word Hindi or English does not make a name unique for the incorporation of a new company.
Proposed name should not be undesirable
The chosen name of the company should not be undesirable, It should not violate section 3 of the Emblems Act 1950, It should not violate the name of a registered trademark unless the consent for registration is obtained and It should not contain any word or words which are offensive in any way.
Other conditions that need to be fulfilled for the name approval
- If the Company’s main business is financing, leasing, investments securities or related financial activities then Chit Fund, Investment, Loan, etc. should be a part of the name
- If the prospective name includes the words signifying a separate type of business entity, organization or legal person like co-operative, sehkari, trust, LLP, partnership, society, proprietor etc. then the name will NOT be allowed.
- Any name that contains the word “British India” will not be allowed
- If a suggested name mentions association or connection with embassy or consulate or a foreign government then the name will not be allowed.If it includes or implies association or connection 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, then that name will not be allowed.
- Abbreviated name based on the name of the promoters will not be allowed and If the proposed name is identical to the name of a company dissolved Then two years must have elapsed from the date of such dissolution for the name to be used.
- If the name of a company includes words such as Insurance, Bank, Stock Exchange, Venture Capital, Asset Management, Nidh and Mutual fund etc., then a declaration must be submitted by the applicant to the respective regulator, such as IRDA, RBI, SEBI, MCA etc In India.
- Name of a continent, country, state, the city will not be allowed as a name for incorporating a company IN India, Any name that includes any word in the following list will require approval from the Central Government. Board, Commission, Authority, Undertaking, National, Central, Federal, Republic, President, Rashtrapati, Small Scale Industries, Khadi and Village Industries , Financial, Municipal, Panchayat, Development Authority, Prime Minister or Chief Minister, Minister, Nation, Forest Corporation, Development Scheme, Statute or Statutory, Court or Judiciary, Governor and Development Scheme etc.
In the end, I would like to conclude that A new company who is applying for a company registration in India should follow the above Name Guidelines while incorporating a company to avoid any difficulty and delay in the process of forming and registration of a company in 2018. By following the Name guidelines for a new company it can also make getting a Trademark for your Company Easy.