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Application for Change of Name to the Registrar of Companies

Changing a company’s name can be a significant choice that demands great thought and planning. Whether prompted by a shift in business strategy, rebranding, or other factors, an effective name change can position your firm for growth and success. Yet, changing a company’s name can be complicated and may involve submitting multiple paperwork and petitions to the Registrar of Companies. Read more in this blog about how to effectively submit an application for change of name to the Registrar of Companies.

Application for Change of Name to the Registrar of Companies

What Is the Procedure for Name Change in ROC?

The procedure for altering the name of a limited liability company is detailed below.

Adoption of board resolution

Call a board meeting to pass a resolution to alter the company’s name. In the meeting, the board of directors will consider and approve the name change, delegating a Director or the CS of the company to check name availability with MCA and calling an Extraordinary General Meeting (EGM) to pass a special resolution.

Checking name availability

The authorised director or company secretary will submit a RUN (Reserve Unique Name) request to MCA to reserve and approve the new name. They can check the availability of the new business name using the RUN tool. This procedure is identical to that implemented at the time of original name approval.

The RoC confirms the availability of the requested name. Please note that this is only a confirmation from RoC that the requested company name is available, not the final approval.

The proposed name should not be identical to an existing company name or trademark or contain any of the words forbidden under the 2014 Companies (Incorporation) Rules. Other conditions that existed at the time of first name approval also exist in this instance.

Adoption of a special resolution

Once RoC approves the proposed name’s availability, the firm should hold an Extraordinary General Meeting (EGM). A special resolution will be passed at the EGM for changing the name and amending the Memorandum of Agreement and Articles of Organization.

Requesting registration

A special resolution will be submitted to RoC within 30 days following the resolution’s passage. Together with it, Form MGT-14 will be submitted, which contains information regarding the special resolution. The following documentation must accompany Form MGT-14:

  • Certified copy of Special Resolution, 
  • Notification of EGM, 
  • EGM explanation
  • Changes to the Memorandum of Agreement  
  • Articles of Association (AOA)

After filing MGT-14, the firm must file INC-24 with the RoC to seek central government approval for a name change and the specified fee.

INC-24 will be filed after MGT-14, as INC-24 specifically requests the SRN of the MGT-14 application filed with RoC. In addition to the INC-24 form, the following papers must be submitted:

  • A copy of the minutes from the EGM at which the special resolution was adopted.
  • Notice of EGM
  • Copy of resolution agreement containing the members voting for and against the resolution.
  •  Copy of approval order received from the authorities such as SEBI, IRDA, RBI, etc., if any 
  • Modified MoA and AoA to reflect the new firm name
  • Other supplementary attachments

In INC-24, the reasons for the name change, the number of members who attended the EGM, the number of members who voted for/against the resolution, and the percentage of shareholding are included.

Certificate of Incorporation issuance

If the documents satisfy the Registrar of Companies, a new certificate of incorporation will be issued. Changing a company’s name is complete once the RoC issues a new certificate of formation.

What Documents Are Required for a Change of Company Name?

In addition to the documents to be filed with MGT-14 and INC-24, the following documents must also be submitted:

  • Altered MOA and Altered AOA
  • shareholders and directors list
  • Evidence of the business’s registered address
  • Schedule for Changing of Business Name

Several departmental permissions are required for the name change. Therefore the process typically takes 10 to 15 business days.

What Is the Purpose of an Affidavit of Change of Name?

An Affidavit of Change of Name for a company is a legal document used to officially notify government authorities, business partners, customers, and the public that a company has changed its legal name. The primary purpose of this affidavit is to provide a formal record of the name change and ensure that the company’s new name is recognized and accepted in all relevant legal and business contexts.

How Do I Write an Application Letter for a Change of Name?

Here is an example of how to write a letter requesting a company’s name change:

[Your Firm’s Name]

[Your Business Address]

[Town, State, Postal Code]

[Date]

[Recipient’s Name]

[Position of Recipient]

[Recipient’s Company Name]

[Recipient’s Address]

[Town, State, Postal Code]

Dear Sir/Madam,

I am writing to request a name change for my business. My company’s current name is [old name], but I want to change it to [new name].

The reason for this name change is [briefly explain the reason].

I have included a copy of the amended Certificate of Incorporation and other pertinent legal documentation supporting my name change request.

Please update my company’s records and send all future correspondence under the new name. Please let me know if I need to provide any additional information.

We value your cooperation and fast consideration of this problem.

Sincerely,

[Your Title]

[Your Position]

[Your Firm’s Name]

FAQs: Application for Change of Name to the Registrar of Companies

Is an affidavit enough for a name change?

In India, an affidavit is a legal document that can be used to verify an individual’s identification and name change. To change your name, you can submit an affidavit with your old and new names, the reason for the change, and a statement that the change is not being done for fraudulent purposes. This affidavit may be notarised and presented formally as evidence of your new name.

How much does a name change affidavit cost in India?

In India, the cost of a name change affidavit varies based on the state in which it is prepared. It can range between 50 and 200 rupees. You may incur additional fees if you require the affidavit to be notarised by an attorney or public notary.

How long is a name change affidavit valid in India?

In India, a name change affidavit is valid indefinitely, providing it was not created fraudulently. 

Conclusion

In conclusion, submitting an application for change of name to the Registrar of Companies can be straightforward if you follow the essential steps and supply the relevant evidence. By producing a well-written application letter that explains the reasons for the name change and submitting the required supporting papers, you can enhance the likelihood that your application will be approved. Remember that the procedure for altering a company’s name can differ by jurisdiction, and the Registrar of Companies’ special regulations is crucial.
In case you need any support for submitting an application for change of name to the Registrar of Companies , do contact our Instafilling specialists. We are on a mission to make India compliant. The experts in the field will help and guide you.

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