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Two Co's with the same name

13 June 2011

Hi,

There are two Pvt Ltd co's with the same name , my clients co is registered in Maharashtra & the other co is registered in gujrat. My clients co was registered in the year 1975 and the gujrat co was registered in 2004, ROC may have registered 2 co's in the same due to oversight, but this situation is creating many problems for my client as both the co,s are in same business & P.O raised in the favour of my clients co can be misused by the other co.

Since my clients co is older then the other co. can we ask ROC to force the other co. in to changing its name suitably so that there is no confusion in their sale market.

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11 Replies

C.A. LINESH PATIL (CA) (910 Points)
Replied 13 June 2011

In my opinion u can ask ROC to force other company to change its name beacause Under section 20 Of Company Act 1956 none of the compnay shall be registered with the name,a company already had.

As your client company has registered in 1975 & other company in 2004.that means other compnay has been registered in 2004 with a name, with which already a compnay was in existence.

You can refer section 20 of Company Act 1956.

Thank u.

2 Like

CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 13 June 2011

Originally posted by : linesh
	In my opinion u can ask ROC to force other company to change its name beacause Under section 20 Of Company Act 1956 none of the compnay shall be registered with the name,a company already had. As your client company has registered in 1975 & other company in 2004.that means other compnay has been registered in 2004 with a name, with which already a compnay was in existence. You can refer section 20 of Company Act 1956. Thank u.

yes agreed

CS Nadeem Ahmed Siddique (Company Secretary) (354 Points)
Replied 13 June 2011

As per section 22 of the companies act, if any company is registered with undesirable name (section 20) it shall within 12 months of it's registeration & with prior approval of the central government rectify it's name. This shall apply to such company registered second with similiar name.

Rajnikant Vadigoppula (CA, CS And CMA Final) (919 Points)
Replied 13 June 2011

yes i agree with linesh

CA Devender Chauhan (Group Financial Accountant) (1526 Points)
Replied 14 June 2011

Originally posted by : Rajnikant Vadigoppula
	yes i agree with linesh

CA Suraj Prasad Shaw (Chartered Accountant) (504 Points)
Replied 14 June 2011

Agree with Linesh...........

CA Deepak Bafna (CA) (43 Points)
Replied 14 June 2011

But is there any procedure or form to make such an application???

vardan sharma (Company secretary) (160 Points)
Replied 14 June 2011

No Roc cannot force the other company

CA Suraj Prasad Shaw (Chartered Accountant) (504 Points)
Replied 14 June 2011

Dear Vardan,

Please clarify "No Roc cannot force the other company"

rakeshkuma (B.COM CA FINAL) (43 Points)
Replied 14 June 2011

the later company should change its name with in 12 months from the date of registation. But it is already 12 months over. now what is the procedure to be follow