Name approval inc 1

This query is : Resolved

PRAKHAR GUPTA (Querist)
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16 October 2014 I filed INC-1 seeking name approval from ROC-Karnataka. In first attempt they approved the name but unfortunately 60 days expired and after 60 days confirming with ROC office in Bangalore I again uploaded the form with the only name I got earlier but this they denied saying that it is GENERIC. I called in the office but this time they are sayig that may be by mistake they approved the name earlier. Now I have prepared all the papers with the same Name So What to Do.

Pls Help.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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16 October 2014 Have to do the job afresh.

PRAKHAR GUPTA

PRAKHAR GUPTA (Querist)
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16 October 2014 In fresh Application they did not allow the same name, while I applied only after confirming with ROC office. I lost my 1000/- Rupees.

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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03 August 2024 It sounds like you've run into a frustrating situation with the name approval process for your company. Here’s a structured approach to address this issue:

### **Steps to Resolve the Name Approval Issue**

1. **Understand the Reason for Denial:**
- The ROC’s reason for rejecting the name on your second attempt was that it was considered “generic.” Generally, a name is considered generic if it is too common or lacks distinctiveness. ROC guidelines require company names to be unique and not just descriptive of the business activities.

2. **Review ROC Guidelines:**
- Review the guidelines provided by the Ministry of Corporate Affairs (MCA) regarding what constitutes a generic name. This can help you understand why the name might have been deemed inappropriate and how to avoid similar issues in the future.

3. **Prepare a New Name:**
- If the name was indeed generic, you will need to select a new name that meets the ROC’s requirements for uniqueness and specificity. The new name should ideally reflect a distinct identity and avoid being merely descriptive.

4. **Document Your Efforts:**
- Keep a record of all communications with the ROC, including the initial approval, any notices of denial, and any confirmation you received. This documentation will be useful in case of any disputes or if you need to escalate the matter.

5. **File a Fresh Application:**
- Prepare and file a fresh application for name approval with the new proposed name. Ensure that the new name is unique and complies with ROC guidelines. Verify the name’s availability using the MCA’s online name search tool before submission.

6. **Seek Assistance:**
- If you face difficulties or inconsistencies, consider consulting with a company secretary or legal advisor. They can provide guidance on drafting a suitable name and navigating the approval process.

7. **Refund Request:**
- Since you paid ₹1,000 for the name approval process and did not get the benefit of it, you can request a refund or adjustment from the ROC office. However, the refund process might not always be straightforward and may require formal communication or application.

### **Further Steps**

- **File a Complaint:** If you believe the denial was in error, you can file a complaint or appeal to the higher authorities within the MCA. Provide all relevant documents and a detailed explanation of the situation.

- **Check for Updates:** Stay updated on any changes to the ROC guidelines or procedures. Sometimes, procedural changes or updates might affect your case.

- **Reapply with Improved Documentation:** When reapplying, ensure that you follow all guidelines and provide additional documentation if necessary to support the uniqueness and appropriateness of your new name.

### **Contact Information:**

- **Ministry of Corporate Affairs (MCA):** Reach out to the MCA for guidance and clarification on the name approval process.
- **Local ROC Office:** Continue communicating with the ROC-Karnataka office for updates and assistance.

### **Conclusion:**

Addressing this situation involves understanding the rejection reason, preparing a compliant name, and following the correct procedures. Engaging with professional advisors and ensuring thorough documentation can also help in resolving the issue efficiently.