Wrong name of company in moa

This query is : Resolved

Kartik_7 (Querist)
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15 April 2013 Dear Sirs/Madams

We recently incorporated a Pvt. Co completing all the formalities of Companies Act.

We have also received the Certificate of Incorporation.

However, when we downloaded MOA from the MCA website, we realised that the name of the company was wrong on the MOA.

The name appears correct on all documents and forms of incorporation except the MOA.

Please suggest how to rectify this mistake.

Prompt reply would be really appreciated.

Thanks

CA Ankit Oberoi

CA Ankit Oberoi (Expert)
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15 April 2013 Previous approval of Central Government is required and Company should pass Special resolution to alter its name. you have to follow section 21 of the companies act 1956

Kartik_7

Kartik_7 (Querist)
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16 April 2013 Dear Sir,

Thanks for the response.

But why should the name of the company be changed? We have all the documents in the right name (AOA, Form1A, Form1, Certificate of Incorporation etc). Only the name of the company on the MOA has been written wrongly.

Request you to please clarify your view point.

Kartik_7

Kartik_7 (Querist)
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22 April 2013 Please help.

Asha Kanta Sharma

Asha Kanta Sharma (Expert)
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03 August 2025 You're absolutely right to question the approach of changing the company name — this is not a case of name change, but a clerical or typographical error in the Memorandum of Association (MOA).
Since:

The Certificate of Incorporation and all other incorporation forms (Form 1A, Form 1, AOA) reflect the correct company name, and
Only the downloaded copy of the MOA shows the wrong name (possibly due to a drafting or uploading error),
this is not a case of actual change of name under Section 21 of the Companies Act, 1956 (or Section 13 under Companies Act, 2013).
✅ What You Should Do:
1. Check the Filed MOA on MCA Portal
Go to MCA Services → View Public Documents
Log in and download the MOA as filed during incorporation.
Confirm if the error is in the filed document or just in the auto-generated PDF.
2. If the MOA Filed with ROC Contains the Error
Then follow this procedure:
Draft a corrected version of the MOA with the correct name.
Submit a request for correction to the Registrar of Companies (ROC) with:
Covering letter explaining the clerical mistake.
Board Resolution authorizing the correction.
Corrected MOA (clean and marked versions).
Copy of Certificate of Incorporation.
All incorporation documents proving the correct name.
There is no need to pass a special resolution or seek Central Government approval, because this is not a formal name change — just a clerical correction.
You can file this request as a physical application or via MCA helpdesk/ticket. Contact the ROC office for precise filing instructions.

3. If the Error is Only in the Downloaded PDF
Then no formal correction is required.
Maintain your original signed MOA with correct name as the legal valid document.
You may optionally inform the ROC if the portal copy is misleading.
⚠️ Important:
Keep a copy of all communications with the ROC.
Do not initiate name change procedures unless the ROC instructs so.
✅ Final Advice:
This is a clerical rectification, not a name change. Contact the ROC with a formal letter and request for correction of MOA. If you need help drafting that letter, I can assist.

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