Incorporation of Company_No Objection Certificate Under Rule8A(2) of Companies Incorporation Rule

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This discussion clarifies the requirement for a No Objection Certificate (NOC) when incorporating a company using the SPICe+ form, specifically under Rule 8A(2) of the Companies Incorporation Rules. Generally, an NOC is not mandatory if the applicant has no other existing business or entity with a similar name, nor any trademark conflicts. The NOC requirement is typically triggered only in specific circumstances, such as when the proposed name is identical or similar to an applicant's other businesses, or if it conflicts with an existing trademark.

abhijit majumder

abhijit majumder (Querist)
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22 September 2025 Sir
Rule 8A Indesirable Name Sub Rule (2) inter alia states submission of 'No Objection Certificate '(NOC) .
My query is if the applicant have no other business in similar name then while filing Spice form is it necessary to attach NOC as stated in Rule8A(2) of Companies incorporation rules.
Abhijit

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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22 September 2025 If the applicant does not have any other business or entity with a similar name, it is generally not mandatory to attach a 'No Objection Certificate' (NOC) as referenced in Rule 8A(2) of the Companies (Incorporation) Rules, 2014 while filing the SPICe+ form, unless the proposed name falls under a specific scenario described in Rule 8A, such as conflict with trademarks, partnership, or prior usage by the applicant or associates.

Application of Rule 8A(2)
Rule 8A(2) focuses on undesirable names and typically requires NOC only if:

The proposed name is similar or identical to a name already in use by an applicant's other business (e.g., partnership, LLP, proprietorship), or

The proposed name matches a trademark registered or pending registration, in which case NOC from the trademark owner is needed.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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22 September 2025 Filing the SPICe+ Form

If the applicant does not have any similar name in their business operations, the NOC requirement does not apply.

In most cases, NOC is only attached if required by specific Rule 8A sub-clauses (such as those concerning existing businesses, trademarks, or names requiring approval).

Routine incorporation via the SPICe+ form does not require NOC unless one of these specific exceptions is triggered by the circumstances.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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22 September 2025 Applicants must ensure that the proposed company name does not fall under any of the Rule 8A undesirable name categories.

If uncertain, seeking professional advice or checking the MCA portal guidelines is advisable for compliance.

In short, if there is genuinely no other existing business with a similar name or trademark conflict, submission of NOC under Rule 8A(2) is not necessary with SPICe+ form for incorporation.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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22 September 2025 Good luck..

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