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.
‘Company Name’ is the name by which a registered Company is being identified. Generally, name of the Company depicts its Trade Name or Brand Name along with its main activities.
In the case of a private limited company, the name shall end with words “Private Limited” or with word “Limited” in case of a public limited company. Company Name has three parts. ‘The Name’, ‘Activity’ and words ‘Private Limited’ or ‘Limited’ as the case may be.
For Example, ‘CompaniesInn Solutions Private Limited’. Here, ‘CompaniesInn’ stands as unique name, ‘Solutions’ sands for activity and ‘Private Limited’ refers to the mandatory requirement of last words for a Private Limited Company.
The Company Name 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
Point to be noted before selecting the name.
- Check MCA website www.mca.gov.in for name availability to see that any company is registered with similar name.
- Also see any trademark registered or applicable filed for trademark with proposed name. Use Trademark Public Search link to check whether any trademark registered for the proposed name.
- Ensure that Company Name and activity has a relation such as for software development for company name XYZ Software Private Limited.
FAQ- Company Name Availability
1. How to Check Company Name Availability
Possibility of getting a Company Name can be checked by a search at MCA website. You can check the name by providing proposed ‘Company or LLP Name” and activities.
2. MCA search Result shows ‘No Results Found’. Shall I get the searched Name?
The MCA Name Search result will only provide the probability of getting the proposed name. The search result does not guarantee the availability of Company or LLP name as the name approval is finally granted by office of Registrar of Companies (ROC). The ROC office will do more refined search of proposed name and will also check with Trademark Registry as well before grant of a Company or LLP Name.
3. How to make a Company Name Application?
Application for availability of Company Name has to be filed with the Registrar of Companies in Form INC-1. It is preferable to submit the application with multiple names in the order of preference. Company name application must be in line with the Company Name Guidelines.
4. How many Names can be applied with one application?
Multiple names can be submitted for approval in one application in the order of preference. If the first applied name is not available, ROC will approve the next name. If you are particular about one name, it is preferable to apply with one name only and in case that name is not available apply the next name at the time of resubmission of application. Name application can be resubmitted only once. (Few Changes in the process is expected from 26.01.2018)
5. How long Company Name is valid for Registration?
Once approved, the name will be reserved for 60 days from the date of application. Company registration documents have to be executed and filed within this time line. (Few Changes in the process is expected from 26.01.2018)
6. What are the conditions for the use name of relatives for a Company Name?
n case the key word used in the name proposed is the name of a person other than the name(s) of the promoters or their close blood relatives, No objection from such other person(s) shall be attached with the application for name. In case the name includes the name of relatives, the proof of relation shall be attached and it shall be mandatory to furnish the significance and proof thereof for use of coined words made out of the name of the promoters or their relatives.
7. What are the conditions for use existing Sole proprietor or Partnership name as Company Name?
The applicant shall provide a declaration to state whether they are using or have been using in the last five years , the name applied for incorporation of company or LLP in any other business constitution like Sole proprietor or Partnership or any other incorporated or unincorporated entity and if, yes details thereof and No Objection Certificate from other partners and associates for use of such name by the proposed Company or LLP, as the case may be, and also a declaration as to whether such other business shall be taken over by the proposed company or LLP or not .
What are words that cannot be used Company Name?
The following words and combinations thereof shall not be used in the name of a company in English or any of the languages without previous approval of the Central Government -
- Small Scale Industries;
- Khadi and Village Industries Corporation;
- Financial, Corporation and the like;
- Development Authority;
- Prime Minister or Chief Minister;
- Forest corporation;
- Development Scheme;
- Statute or Statutory;
- Court or Judiciary;
- 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