Incorporation of new company

This query is : Resolved

CA POOJA SUCHAK (Querist)
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19 October 2013 My client has incorporated the company with abc consultants pvt. ltd. in 2001. Now, its status is struck off as on date. Now, one of the same promoter want to incorporate new company with the same name or abc consultants services pvt. ltd.
i have file form 1A with earlier company's resolution but its required resubmission with message struck off company cant pass resolution.

Pls suggest the Process to get the above name.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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19 October 2013 The name of the 'struck off' company will not be allotted again for a period of twenty years. This is as a corollary to section 560(6).
So,no chance to get the same name now.

CA POOJA SUCHAK

CA POOJA SUCHAK (Querist)
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19 October 2013 Thanks sir,
it means uptill 20 years we can not take that name?

CA POOJA SUCHAK

CA POOJA SUCHAK (Querist)
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19 October 2013 pls give some guidance to get that name

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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31 July 2024 Given the restrictions on using the name of a struck-off company as per Section 560(6) of the Companies Act, 1956, the chances of getting the exact same name are very slim. However, you can try the following approaches to get a similar name approved:

### Steps to Get a Similar Name Approved:

1. **Modify the Name Slightly**:
- Since "ABC Consultants Pvt. Ltd." is not available, you can try variations that are distinct but retain the essence of the original name. For instance, you might consider:
- "ABC Consulting Services Pvt. Ltd."
- "ABC Consultancy Solutions Pvt. Ltd."
- "ABC Advisory Pvt. Ltd."
- Adding additional words or changing the structure slightly can often help in getting the name approved.

2. **Check Availability**:
- Use the MCA (Ministry of Corporate Affairs) portal to check the availability of the proposed name variations. Ensure that the name you choose does not closely resemble any existing company's name.

3. **Draft a Resolution**:
- Since the earlier company is struck off, no resolution from that company can be passed. Instead, you can draft a new resolution from the promoters/directors of the proposed new company.

### Sample Resolution for the New Company:

```plaintext
CERTIFIED TRUE COPY OF THE RESOLUTION PASSED BY THE BOARD OF DIRECTORS OF [PROPOSED NEW COMPANY NAME] PRIVATE LIMITED AT ITS MEETING HELD ON [DATE] AT [ADDRESS].

"RESOLVED THAT an application be made to the Registrar of Companies for the availability and reservation of the name '[PROPOSED NAME]' for the new company to be incorporated under the Companies Act, 2013.

RESOLVED FURTHER THAT [Name of the Promoter/Director], [Designation], be and is hereby authorized to sign and submit the necessary forms and documents, and to do all such acts, deeds, and things as may be necessary to give effect to this resolution."

Certified true copy
For [PROPOSED NEW COMPANY NAME] PRIVATE LIMITED

_____________________
[Name]
[Designation]
```

### File Form RUN (Reserve Unique Name):
1. **Form RUN (Reserve Unique Name)**:
- File the RUN form through the MCA portal with the chosen name and the above resolution. Provide the necessary details and justification for the name.
- In the "Objects of the Proposed Company" section, clearly outline the business activities to differentiate it from the struck-off entity.

2. **Follow Up**:
- After submitting the RUN form, keep track of its status. If required, respond promptly to any queries or resubmissions requested by the Registrar of Companies (RoC).

### Alternative Approaches:
- **Request for Revival**:
- If you are adamant about retaining the exact name, you could explore the possibility of reviving the struck-off company, though this can be a complex and time-consuming process.
- Revival involves making an application to the National Company Law Tribunal (NCLT) and complying with various legal requirements, including settling any outstanding dues and filing pending returns.

### Important Considerations:
- Ensure that the new name does not infringe on any trademarks or intellectual property rights.
- Maintain compliance with all provisions of the Companies Act, 2013, and any other applicable regulations.

### Conclusion:
Getting the exact same name as the struck-off company is highly unlikely due to regulatory restrictions. However, by modifying the name slightly and following the proper procedures, you can successfully incorporate a new company with a similar name that reflects your desired business identity.

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