Company Name Availability Guidelines 2019

Company Name Availability Guidelines 2019

Company Name approval and allotment process in India is administered by the Ministry of Corporate Affairs (MCA) as per the Company Name Availability Guidelines issued under Companies Act 2013.

As per the Company Name Availability Guidelines;

The name of a Company SHOULD

• Be unique
• Contain a noun and an activity word that reflects its objectives
• Be in line with Company Name Guidelines issued by Ministry of Corporate Affairs.

The Company Name SHOULD NOT

• Be same, similar, identical or resembling to the name of an existing Company or LLP registered. Phonetically similar names also to be avoided.
• Be similar of a registered trade mark or a trade mark for which an application has already been filed
• Be Offensive
• Be Undesirable in the opinion of the Central Government (Undesirability of names explained separately

Ministry of Corporate affairs
has revised the Company Name Availability Guidelines vide Companies (Incorporation) Fifth Amendment Rules, 2019 dated 10th May 2019

Guidelines to determine Similar names or Resembling Names:

A company name applied for shall be deemed to resemble too nearly with the name of an existing company, if, and only if, after comparing the name applied for with the name of an existing company by disregarding certain matters as described below, the names are same.

The following matters are to be disregarded while comparing the names:

(a)  The words like Private, Pvt., Pvt., (P), OPC Pvt. Ltd., IFSC Limited, IFSC Pvt. Limited, Producer Limited, Limited, Unlimited, Ltd, Ltd,, LLP, Limited, Liability Partnership, company, and company, &Co, &Co., co., co,
corporation, corp, corpn, corp or group;

(b) The plural or singular form of words in one or both names;

Illustration – 1

• Green Technology Ltd. is same as Greens Technology Ltd. and Greens Technologies Ltd.
• Pratap Technology Ltd. is same as Prataps Technology Ltd. and Prataps Technologies Ltd. (iii)SM Computers Ltd. is not same as SMS Computers Ltd.

(c)  Type and case of letters, spacing between letters, punctuation marks and special characters used in one or both names;

Illustration - 2

• ABC Ltd. is same as A.B.C. Ltd. and A B C Ltd.
• TeamWork Ltd. is same as Team@Work Ltd. and Team-Work Ltd.

(d) Use of different tenses in one or both names;

Illustration - 3

• Ascend Solutions Ltd. is same as Ascended Solutions Ltd. and Ascending Solutions Ltd.
• Speak English Solutions Limited is same as Spoken English Solutions Limited.

(e)  Use of different phonetic spellings including use of misspelled words of an expression;

Illustration - 4

• Chemtech Ltd. is same as Chemtec Ltd., Chenitek Ltd., Cemtech Ltd., Cemtek Ltd., Kemtech Ltd., and Kerntek Ltd.
• Bee Kay Ltd is same as BK Ltd, Be Kay Ltd., B Kay Ltd., Bee K Ltd., B.K. Ltd. and Beee Kay Ltd.

(f)   Use of host name such as `www' or a domain extension such as 'net', `org', 'dot' or 'corn' in one or both names;

Illustration - 5

• Ultra-Solutions Ltd. is same as Ultrasolutions.com Ltd.
• Supreme Ultra Solutions Ltd. is not the same as Ultrasolutions.com Ltd. 

(g)  The order of words in the names;

Illustration - 6

• Ravi Builders and Contractors Ltd. is same a s Ravi Contractors and Builders Ltd.
• Ravi Builders and Contractors Limited is not the same as Ravi Shankar Builders and 'Contractors Limited. 

(h)  Use of the definite or indefinite article in one or both names;

Illustration - 7

• Congenial Tours Ltd. is same as A Congeniai Tours Ltd. and The Congenial Tours Ltd.
• isha Industries Limited is not the same as Anisha Industries Limited.

(i)   A slight variation in the spelling of the two names including a grammatical variation thereof;

Illustration - 8

• Color Technologies Ltd. is same as Colour Technologies Ltd. Disc Solutions Ltd. is same as Disk Solutions Ltd. but it is not same as Disco Solutions Ltd.

(j)   Complete translation or transliteration and not part thereof of and part thereof of an existing name, in Hindi or in English

Illustration - 9

• National Electricity Corporation Ltd. is same as Rashtriya Vidyut Nigam Ltd.
• Hike Construction Ltd. is not the same as Hike Nirman Ltd.

(k)  Addition of the name of a place to an existing name, which does not contain the name of any place;

Illustration - 10

• If Salvage Technologies Ltd. is an existing name, it is same as Salvage Technologies Delhi Ltd and Salvage Delhi Technologies Ltd.
• Retro Pharmaceuticals Rarichi Ltd. is not the same as Retro Pharmaceuticals Chennai Ltd.

(l)   Addition, deletion, or modification of numerals or expressions denoting numerals in an existing name, unless the numeral represents any brand;

Illustration - 11

Thunder Services Ltd is same as Thunder11 Services Ltd and OneThunder Services Ltd

• Style Garments11 Ltd. is same as Style Garments Ltd and Style12 Garments Ltd.
• One 11 Power Equipment Ltd is not the same as. One Power Equipment Ltd, if One 11 represents a brand:

Provided that clauses (f) to (h) and clauses (k) and (1) shall not be disregarded while comparing the names, if a no objection by way of a Board resolution has been provided by an existing company.

Words requiring previous Approval from Central Government

The following words or expression can be used only after obtaining previous Approval of Central Government.

Following words and combinations thereof shall not be used in the Name of a company in English or any of the languages depicting the same meaning unless the previous approval of the Central Government has been obtained for the use of any such word or expression:

• Board;
• Commission;
• Authority;
• Undertaking
• National;
• Union;
• Central;
• Federal;
• Republic;
• President;
• Rashtrapati;
• Small Scale Industries;
• Khadi and Village Industries Corporation;
• Financial Corporation and the like;
• Municipal;
• Panchayat;
• Development Authority;
• Prime Minister or Chief Minister;
• Minister;
• Nation;
• Forest corporation;
• Development Scheme;
• Statute or Statutory;
• Court or Judiciary;
• Governor;
• the use of word Scheme with the name of Government (s), State, India, Bharat or any Government authority or in any manner resembling with the schemes launched by Central, State or local Governments and authorities; and
• Bureau.