• Company Registration India,Company incorporation India,Company formation services
  • Company Registration India,Company incorporation India,Company formation services
  • Company Registration India,Company incorporation India,Company formation services
  • Company Registration India,Company incorporation India,Company formation services
  • Company Registration India,Company incorporation India,Company formation services
  • Company Registration India,Company incorporation India,Company formation services

Name Availability Guidelines

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Consider the following while deciding the name of your Company / Business

1. No company is to be registered with undesirable name. A proposed name is considered to be undesirable, if it is identical with or too nearly resembling with:

i. Name of a company in existence and names already approved by the Registrar of Companies.
ii. Name of a LLP in existence or names already approved by the registrar of LLP.
iii. A registered trade-mark or a mark which is subject of an application for registration, of any other person under the Trade-Marks Act, 1999.

2. The name if made available to the applicant shall be reserved for sixty days from the date of approval. If the proposed company has not been incorporated within such period, the name shall be lapsed and will be available for other applicants.

3. In determining whether a proposed name is identical with another, the following shall be dis-regarded –

i. The words Private, Pvt., (P), Limited, Ltd, Ltd., Limited Liability Partnership;
ii. The words appearing at the end of the names – company, and company, co., co, corporation, corp, corpn, corp.;
iii. The plural version of the any of the words appearing in the name;
iv. The type and case of letters, spacing between letters and punctuation marks;
v. Joining words together or separating the words, as this does not make a name distinguishable from a name that uses the similar, separated or joined words. Ram Nath Enterprises Pvt. Ltd. Will be considered as similar to Ramnath Enterprises Pvt. Ltd
vi. The use of a different tense or number of the same word, as this does not distinguish one name from another. Such as Excellent industries will be similar to Excellence Industries.
vii. Using different phonetic spellings or spelling variations, as this does not distinguish one name from another. For example – if J.K. Industries is existing then J and k
Industries or Jay Kay Industries or J n K Industries or J & k Industries will not be allowed;
viii. If a name contains numeric character, it will not be allowed;
ix. The addition of an internet related designation, such as .COM, NET, .EDU, .GOV, .ORG, .IN, as this does not make a name distinguishable from another, even where (.) is written as DOT;
x. The addition of words like New, Modern, Nav, Shri, Sri, Shree, Sree, Om, Jai, Sai, The, etc., as this does not make a name distinguishable from an existing name such as New Bata Shoe Company, Nav Bharat Electronic etc.
xi. If it is different from the name of the existing company only to the extent of adding the name of the place, the same shall not be allowed. For Example – Unique Marbles Delhi Limited cannot be allowed if Unique Marbles Limited is already existing; such names may be allowed only if no objection from the existing company by way of Board Resolution is produced or submitted;
xii. Different combination of the same words, as this does not make a name distinguishable from the existing name. for Example - if there is a company in existence by the name of “Builders and Contractors Limited”, the name “Contractors and Builders Limited” shall not be allowed;
xiii. Exact Hindi translation of the name of an existing company in English especially an existing company with a reputation. For Example – Hindustan steel Limited will to be allowed if there exists a company with the name Hindustan Ispat Udyog Limited;

4. In addition to the above, also need to adhere the following: -

i. It is not necessary that the proposed name should be indicative to the main object;
ii. If the company’s main business is finance, housing finance, chit fund, leasing, investments, securities or combination thereof, such name shall not be allowed unless the name is indicative of such related financial activities, viz., Chit Fund/ Investment/ Loan, etc;
iii. If it includes the words indicative of a separate type of business constitution or legal person or any other connotation thereof, the same shall not be allowed. For Example – cooperative, sehkari, trust, LLP, partnership, society, proprietor, HUF, firm, Inc., PLC, GmbH, SA, PTE, Sdn, AG etc;
iv. Abbreviated name such as BERD limited or 23K limited cannot be given to a new company. However the companies well known in their respective field by abbreviated names are allowed to change their names to abbreviation of their existing name – for Hindustan Machine Tools Limited to HMT limited, after following the requirement of Section 21 of the Companies Act, 1956. Further, if the name is only a general one like Cotton Textile Mills Ltd., and not specific like Calcutta Cotton Textiles Mills Limited, the same shall not be allowed;
v. If the proposed name include words such as Insurance, Bank, Stock Exchange, Venture Capital, Asset Management, Nidhi, Mutual Fund, etc., the name may be allowed with a declaration by the applicant that the requirements mandated by the respective Act/ regulator, such as IRDA, RBI, SEBI, MCA, etc., have been complied with by the applicant;
vi. If the proposed name includes the word “State”, the same shall be allowed only in case the company is a Government company. Also, if the proposed name is containing only the name of a continent, country, state, city such as Asia Limited, Germany Limited, Haryana Limited, Mysore Limited, the same shall not be allowed;
vii. If the proposed name contains any word or expression which is likely to give the impression that the company is in any way connected with, or having the patronage of, the Central Government, any State Government, or any local authority, corporation or body constituted by the Central or any State Government under any law for the time being in force, unless the previous approval of Central Government has been obtained for the use of any such word or expression;
viii. If a foreign company is incorporating its subsidiary company, then the original name of the holding company as it is may be allowed with the addition of the word India or name of any Indian state or city, if otherwise available;
ix. Change of name shall not be allowed to a company which is defaulting in filing its due Annual Returns or Balance Sheets or which has defaulted in repayment of matured deposits and debentures and/ or interest thereon.

Address

  • Country:India
  • City:Bangalore
  • Phone:+91 80 2649 6999
  • Mobile:+91 77 9501 8290
  • Email:info@sunshinecorp.biz

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