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Under the Companies Act, 2013, a company is permitted to change its name by following a prescribed legal procedure. The process begins with the approval of the company’s shareholders through a special resolution passed at a general meeting. After the resolution is passed, the company must obtain approval from the Registrar of Companies (RoC) and the Central Government, as required under the Act. The company must also apply for name availability and ensure that the proposed name complies with the naming guidelines prescribed by the Ministry of Corporate Affairs (MCA).
Once the necessary approvals are obtained and the required forms are filed with the RoC, the Registrar will issue a fresh Certificate of Incorporation reflecting the company’s new name. This certificate serves as official confirmation that the name of the company has been successfully changed.
It is important to note that a change in the company’s name does not result in the creation of a new legal entity. The company continues to exist as the same legal entity with the same corporate identity, registrations, and obligations. The name change does not affect the rights, liabilities, or obligations of the company, nor does it impact any existing contracts, agreements, or legal proceedings involving or against the company. All operations simply continue under the newly approved name.
Name Change - Company
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Verification Documents Required
- Certificate of Incorporation (Existing Certificate of Incorporation)
- Memorandum of Association (Existing MOA)
- Articles of Association (AOA) (Existing AOA)
- Board Resolution Copy (Board Resolution)
To
change the name of a company under the Companies Act, 2013,
certain documents must be prepared and submitted along with the required forms
filed with the Registrar of Companies (RoC).
The key documents required for this process are outlined below.
Attachments to Form MGT-14 (For Passing Special Resolution)
- Certified
true copy of the Special Resolution
passed by the shareholders along with the explanatory
statement.
- Copy
of the notice of the general meeting
sent to members, including all annexures.
- Altered
Memorandum of Association (MOA) and Articles of Association (AOA) reflecting the proposed name change.
- Attendance
sheet of
the shareholders present at the general meeting.
- Consent
for shorter notice,
if the meeting was conducted on shorter notice.
Attachments to form INC-24 ( For Approval of Name Change):
- Copy
of the notice of the meeting with explanatory
statement.
- Certified
true copy of the Special Resolution
approving the name change.
- Altered
MOA and AOA
incorporating the new company name.
- Minutes
of the General Meeting
where the resolution was passed.
- Affidavit
from the directors
confirming compliance with the legal requirements.
Other Supporting Documents- Apart
from the above attachments, the following documents are also required:
- Certificate
of Incorporation of the company
- Updated
MOA and AOA with the proposed
name
- Digital
Signature Certificate (DSC) of
the authorized director
- Proof
of the registered office address
- List
of shareholders and directors
The
process of changing a company’s name generally takes around 10 to 15 working days,
depending on the approval timelines of the Registrar of Companies and other
regulatory authorities involved.
After receiving the new Certificate of Incorporation from the Registrar of Companies (RoC) reflecting the approved name change, the company must update its new name across all official records, documents, and registrations. This step is essential to maintain legal consistency and ensure compliance with regulatory requirements. The company should update its name in the following places:
- Memorandum of Association (MOA) and Articles of Association
(AOA)
- Company’s common seal and official seals, if applicable
- Bank accounts and banking records
- Registrations with tax authorities, as well as departments such as EPF and ESI
- Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) records
- Statutory registers and company records
- Business licenses, registrations, and permits
Updating
these records ensures that the company operates under its newly approved name in all legal, financial,
and operational matters, thereby maintaining transparency and
compliance with regulatory authorities.
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