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Change of name of pvt. ltd. in the 1st week of incorporation

PRADEEP MULANI (Partner in MULANI BHANSARI & SHAH ) (142 Points)

23 April 2012

What shall be the procedure for change of name in the very first week of the incorporation of the Private Limited Company?

As there is resemblance of the name of the company incorporated and the ROC has directed to change the name within 30 days of incorporation of the Company. ROC has given approval only on undertaking by the promoters that they shall change the name within 30 days of incorporation.

Awaiting your replies....

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8 Replies

praveen (Chartered Accountant) (6971 Points)
Replied 23 April 2012

Any question Join us on facebook and our experts will help you.

I think you will have to file e-form for getting confirmation of a name again.

Then you can change the name of the company.

You also have to file the amended MOA and AOA

Any question Join us on facebook and our experts will help you.

Pathik (.) (83 Points)
Replied 24 April 2012

It is a common procedure adopted by ROC these days to take an undertaking and incorporate a company.

Once you get a certificate for incorporation apply for change of name for the company. So the procedure goes as follows :

Pass Board resolution and apply for change of name approval through FORM 1A.

Once it gets approved, pass special resolution in GM and amend MOA and AOA and subsequently file FORM 23.

And further ask for fresh Certificate of Incorporation

PRADEEP MULANI (Partner in MULANI BHANSARI & SHAH ) (142 Points)
Replied 24 April 2012

I agree with Pathik that its a usual practice by ROC to grant the name on the basis of undertaking. What shall be the consequeces for the following:

Share Certificate to be issued to promoters in Old Name or in the New Name?
Company Seal is to be prepared in Old Name or in New Name?
PAN Application is to be made once the new name got approved and we receive fresh Certificate of Incorporation?

Awaiting your replies....

Pathik (.) (83 Points)
Replied 24 April 2012

I think its better to wait for new certificate of incorporation with new name as company has provided an undertaking to change the name and its soo certain to change the name it makes more sense to issue and apply for all of 3 you mentined with new name only.

And also in above mentioned forms i forgot to mention FORM 1B . you have to submit form 1B also central govt approval.

PRADEEP MULANI (Partner in MULANI BHANSARI & SHAH ) (142 Points)
Replied 08 May 2012

@ Pathik

Thanks for reply....

What shall be the sequence of procedures to be adopted & Forms to be filed with ROC

Awaiting your reply....

Pathik (.) (83 Points)
Replied 09 May 2012

same sequence i mentioned above..first of all pass a board resolution fr change of name n dhn file form1A..wait till it gets approved..dhn same way form 23 with alterations in moa n aoa n special resolution..dhn finally form 1B with resolution..