URGENT QUERY

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Suppose X(pvt co)has changed its name to Y in 2009. Another company wants to incorporate a company in India in the name of X.But MCA website still shows the name of X and Y too.So we cannot upload the Form1A. Is the the Name of X is barred from using??? Wat to do to get the name of  X.

Replies (5)

please reply!!!!

 

The Name of the X Company will not be availbale for the use by any other Company till the Expiry of 20 Years from the Change of name of the company.

But sir, in the act any  CO which has dissolved is barred from using for  only 3 or 5 years.

So there is no other way to use the name of  X ??????

Point No. 19 of the MCA Guideline:

Since the period of 20 years as prescribed under the law is considered an unduly long period, the registration of a proposed name which is identical with or too nearly resembles the name of the company dissolved in pursuance of section 560 should not be allowed for a period of first five years only. During the next five years such a proposed name may be allowed subject to the condition that in the event of the dissolved company being restored to life by an order of the Court the new company would have to change its name. After a lapse of ten years, name identical with or too nearly resembling those of the dissolved companies may be allowed without any such condition.

 

 

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