Guidlines or rule to follow after alteration of company name

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Querist : Anonymous

Querist : Anonymous (Querist)

26 February 2013 I want to ask that after changing the name of pvt ltd.company,what rules and regulations i should have to follow ??? plz give me suggestion ....as early possible......

Ajay Mishra

Ajay Mishra (Expert)
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26 February 2013 Hi

Change of Name of Company
There are following steps for change of name of the company:
1. Select few suitable names each of which should indicate as for as possible the main object of the company.
2. Hold a Board Meeting and adopt in it these new name selected.
3. Avoid name which resembles too closely or the same as the names of any other company already registered.
4. Apply to the concern ROC to ascertain which of the new name selected by you is available in Form 1A. (Rule 4A)
5. The ROC concern will ordinarily inform within 7 days from the date of filing of Form 1A.
6. On confirmation from the concern ROC that the new name is available for adoption, hold a Board Meeting and fix up the date, time place and agenda in the Board Meeting for convening a General Meeting for passing a Special Resolution to Change the name, subject to the approval of CG(by delegation to ROC).{Section 21}.
7. Issue notices to all shareholders (Section 171).
8. Hold the General Meeting and pass Special Resolution by three forth majority. (Section 189) for change of present name to the new name availed of from the ROC.
9. File Special Resolution with Explanatory Statement in Form-23 with the concern ROC within 30 days of passing it. (section 192).
10. Even if the change of name consists of any abbreviated name then such name can be allowed to be change by ROC.
11. Apply to the Concerned ROC in Form 1B for approving the change in name.(Section 21).
12. Note that the application for approving the change in name should be given by the ROC within 15 working days.
13. On receiving the approval, apply to the concerned ROC for fresh certificate of Incorporation in the new name. On the issue of such Certificate by the ROC, the change in name will be effective. (Section 23).
14. Make necessary changes in every copy of the MOA/AOA, letter head, voucher, register, office papers, rtecords, books, documents, sign boards, common seal etc. (Section 147).

Querist : Anonymous

Querist : Anonymous (Querist)

27 February 2013 thnk u so much bt after approving name by roc wht rules and procedure we have to follow ????
i mean tht how many years we should write old company name with new company .....????

Asha Kanta Sharma

Asha Kanta Sharma (Expert)
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27 July 2024 After altering the name of a private limited company, there are several important steps and regulatory requirements you need to follow to ensure compliance and smooth transition. Here’s a comprehensive guide to the procedures and obligations you need to adhere to after a name change:

### **1. **Update Company Records**

**A. **Incorporation Documents:**
- **Form Filing**: Ensure that the new name is updated in the Memorandum of Association (MOA) and Articles of Association (AOA) by filing the relevant forms with the Registrar of Companies (ROC). Typically, this would be done using Form MGT-14 for passing the special resolution and Form INC-24 (if applicable).

**B. **Registrar of Companies (ROC):**
- **Name Change Confirmation**: After approval of the name change, the ROC will issue a fresh Certificate of Incorporation with the new name. This certificate should be obtained and kept for your records.

### **2. **Update Corporate Documents**

**A. **Stationery and Branding:**
- **Business Cards and Letterheads**: Update all official stationery, including business cards, letterheads, and envelopes with the new company name.
- **Website and Email**: Ensure that the company’s website, email signatures, and other digital assets reflect the new company name.

**B. **Contracts and Agreements:**
- **Review and Amend**: Review all existing contracts and agreements. Amend the documents where necessary to reflect the new company name. Inform all stakeholders and counterparties of the name change.

### **3. **Notify Regulatory Bodies and Authorities**

**A. **Income Tax Department:**
- **PAN and TAN**: Update the company’s PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number) details with the new company name.
- **Filing Forms**: File Form 49B with the Income Tax Department to update the name in the tax records.

**B. **Goods and Services Tax (GST):**
- **GST Registration**: Update the GST registration details with the new name. This may involve submitting a request for amendment of the GST registration in Form GST REG-14.

**C. **Banks and Financial Institutions:**
- **Bank Accounts**: Notify your bank(s) about the name change and update the company’s bank accounts and other financial records.
- **Loan Agreements**: Update the loan agreements and financial documents with the new name.

### **4. **Notify Other Stakeholders**

**A. **Employees:**
- **Internal Communication**: Inform all employees of the name change and update internal records, payroll, and employment agreements.

**B. **Customers and Suppliers:**
- **Communication**: Notify all customers, suppliers, and business partners about the name change. This is important to ensure that business transactions are processed under the new name.

**C. **Legal Documents:**
- **Legal Filings**: Ensure that any ongoing or upcoming legal documents and filings reflect the new company name.

### **5. **Name Usage Rules**

**A. **Usage Period:**
- **Transition Period**: There is no mandatory period specified for using the old name with the new name, but it is good practice to use both names during the transition period to avoid confusion. This can be done using a format like “Formerly known as [Old Company Name].”

**B. **Branding Consistency:**
- **Consistency**: Ensure consistency in branding and communication materials. Clearly mention the change of name in a manner that avoids misleading or confusing your clients and partners.

### **6. **Legal and Compliance Checks**

**A. **Check for Compliance:**
- **Legal Compliance**: Ensure that all legal compliance aspects related to the name change are fulfilled. This includes ensuring that all filings with regulatory authorities are accurate and complete.

**B. **Legal Notices:**
- **Public Notice**: Depending on the jurisdiction, you might be required to publish a notice of the name change in a local newspaper or official gazette.

### **Summary**

1. **Update Company Records**: Amend MOA and AOA, and obtain a new Certificate of Incorporation.
2. **Revise Corporate Documents**: Update all stationery, contracts, and digital assets.
3. **Notify Regulatory Bodies**: Inform the Income Tax Department, GST authorities, and banks.
4. **Communicate with Stakeholders**: Inform employees, customers, suppliers, and update legal documents.
5. **Manage Name Transition**: Use both old and new names during the transition period for clarity.
6. **Ensure Compliance**: Check for any additional legal and regulatory requirements and publish a public notice if necessary.

By following these steps, you can ensure a smooth transition to the new company name and maintain compliance with all relevant regulations.

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