What we do
Our work in this practice group is structured around the records, deadlines, and decisions involved:
- Guidance on the company name change procedure.
- Assistance with selecting and checking the proposed name.
- Support for MCA name reservation and approval.
- Preparation of Board and shareholder resolutions.
- Assistance with alteration of the Memorandum of Association.
- MCA filing and approval support.
- Post-change update of corporate and business records.
How the engagement works
Change of company name is governed primarily by Sections 4 and 13 of the Companies Act, 2013, together with applicable rules and MCA procedures. The proposed name must comply with the applicable naming requirements and restrictions. A company generally needs to obtain approval or reservation of the proposed name, obtain the required member approval through a special resolution, alter the Memorandum and Articles where applicable, and complete the prescribed filing with the Registrar of Companies. The name change becomes effective upon issue of a fresh certificate of incorporation by the Registrar.
Scenario 1: A company wants to rebrand its business and adopt a new corporate name.
Scenario 2: The company has expanded into new business activities and wants a name better aligned with its operations.
Scenario 3: The existing company name is no longer commercially suitable and the shareholders want to adopt a new name.
Scenario 4: A company wants to change its name as part of a business restructuring or change in ownership strategy.
Scenario 5: A company needs professional assistance with name approval, shareholder resolution, MOA amendment, and MCA filing.
Name Change Assessment
We understand the reason for the proposed name change and review the company’s existing name, objects, business activities, Articles, and proposed new name.
Proposed Name Review
We assist with checking the proposed name against applicable MCA naming requirements, existing company or LLP names, trademarks, and other relevant considerations.
Name Reservation Support
We assist with submitting the proposed name through the applicable MCA name reservation process and responding to name-related requirements or resubmission requests where applicable.
Board & Shareholder Documentation
We prepare the Board resolution, notice of general meeting, explanatory statement, special resolution, and other corporate documents required for the name change.
MOA Amendment & MCA Filing
We assist with alteration of the name clause in the Memorandum of Association and preparation and filing of the applicable MCA forms and supporting documents.
Post-Approval Compliance
After issue of the fresh certificate of incorporation, we assist with updating statutory registers, PAN, GST, bank records, contracts, invoices, website, letterheads, and other relevant business records.
Step-by-step process
Step 1: Name & Business Review
We understand the reason for the name change, proposed new name, company activities, existing constitutional documents, and applicable naming considerations.
Step 2: Name Reservation
We review the proposed name and assist with the applicable MCA name reservation process, including responding to name-related queries where required.
Step 3: Shareholder Approval
We prepare the required Board documentation, general meeting notice, explanatory statement, and special resolution for approval of the proposed name change.
Step 4: MOA Amendment & MCA Filing
We prepare the amended constitutional documents and applicable MCA filing for approval and issue of the fresh certificate of incorporation.
Step 5: Post-Change Updates
After the new name is approved, we assist with updating statutory, tax, banking, contractual, accounting, and other business records.
Key deliverables & outputs
General questions
01Can a company change its registered name?
Yes. A company can change its registered name by following the procedure prescribed under the Companies Act, 2013 and applicable MCA rules.
02What is required to change a company name?
The process generally involves selecting a compliant name, obtaining name approval or reservation, obtaining the required shareholder approval through a special resolution, altering the Memorandum, filing the applicable MCA forms, and obtaining a fresh certificate of incorporation.
03Is shareholder approval required for company name change?
Generally, a company name change requires approval of the members by special resolution, subject to the applicable Companies Act provisions and exceptions.
04What MCA form is used for company name change?
Form INC-24 is generally used for obtaining approval of the Central Government for change of company name, subject to the applicable MCA procedure and circumstances. Name reservation may involve a separate MCA process.
05How long does a company name change take?
The timeline depends on name availability, MCA processing, resubmission requirements, shareholder meeting timelines, and the completeness of the documents. Straightforward cases can generally be completed faster than cases involving name objections or multiple resubmissions.
06Does changing the company name create a new company?
No. A name change does not create a new legal entity. The company continues as the same legal entity with the same corporate identity and registration, subject to the applicable statutory records being updated.
07Do PAN and GST need to be updated after a company name change?
The company should review and update its PAN, GST, bank, licenses, contracts, invoices, website, letterheads, and other records where the name appears. The exact update process depends on the relevant authority and registration.
08Can you handle the complete company name change process?
Yes. We can assist with proposed name review, name reservation, Board and shareholder documentation, special resolution, MOA amendment, MCA filing, fresh incorporation certificate documentation, and post-change compliance updates.