Process for Name Change of a Company under Companies Act, 2013

The Name of a company is its unique identity, and the same is also found in the first clause of the MOA (also known as Name Clause). The management of the company desiring to change the Company Name would need the consent of its shareholders and the approval of the CRC (MCA) and ROC. Alteration in name clause is provided under sections 13 (2) and 13 (3) of the Companies Act 2013. Change in the name has no impact on its legal entity or its existence as a corporate entity. It will not result in the creation of a new company or entity.

Step I: Board resolution of the Company

The very first step is the drafting of the Board resolution for the Change in Name of a Private Limited Company. Notice has to be issued at least 7 days, according to the provisions of Section 173(3) of the Companies Act, 2013. Board Members should give their principle approval for the change in the name of the Company. They will suggest proposed new names of the Company and will set the agenda for the Meeting of Shareholders. They can pass the resolution regarding:

Proposed new names for the company;
Authorizing any Director or Practicing Company Secretary for making an Application with Registrar of Companies for the approval of new name as decided by the Board;

A board meeting should be called for passing a resolution to change the company name. In the meeting, the board of directors will discuss and approve the change in name, authorizing a Director or the CS of the company to check name availability with MCA, and calling Extra -Ordinary General Meeting for passing a special resolution.

Step II: Check whether the name is available or not

In the second step regarding the checking of name availability with the MCA & Trademark for Change in Name of a Private Limited Company. When the resolution is passed we have to check whether the proposed name is available or not. You have to submit RUN (not e-form) along with the fee prescribed i.e. 1,000 only.
The proposed name should be in consonance with the name guidelines given in Rule-8 of the Companies (Incorporation) Rules, 2014 like it should not be identical with any other existing company’s name, should not violate trademark, does not include offensive words, it should be in consonance with the principal object of the companies, etc.When we make an application to reserve name for incorporation of a new company or for changing the name of an existing company, we must ensure that the proposed name selected does not contain any word which is prohibited under the Company Name Availability Guidelines. Also, we have to a Trademark Search to check if the proposed name is registered as a Trademark in any of the 45 Classes of Trademark and the proposed name is not in violation of provisions of Section 4(2) of the Companies Act, 2013, failing which it is liable to be rejected.

Common Reasons for Rejection

Proposed name is not according to the activities described in Main Objects
Proposed Name is not available in view of the existence of identical or closely resembling companies.
Proposed name is too general without any distinct word or identity
Keywords like Industry/ Udyog, Enterprises, Products, Business, manufacturing may be considered when the company proposes to deal in various business activities/ the company is already carrying on various business activities (in case of change of name). As your business activity is in particular trade said keywords cannot be allowed
Proposed name does not include suitable prefix
Words like International, Hindustan, India, Bharat, Continental, Asiatic, and Corporation will not be allowed unless the scope and scale of business of the proposed company justify the use of words
Proposed name includes words like National, Central, Union, Federal etc which are considered as undesirable
Proposed name indicates the partnership or the patronage of any National Leader or of Government.

Other Causes for Rejection

The Name should be expanded even if the ID proof contains the name in abbreviated form.
Any mismatch in Name, including spelling mistake, may lead to rejection of application. Minor spelling deviations in the father’s name may be accepted, if such deviations do not materially impact the name.
Prefixes like Mr. / Ms. / Kumari / Shri etc. used in the applicant’s name
Residence proofs like: Bank Statements, Electricity Bill, Telephone Bill, Utility bills etc. submitted are older than 2 months of submitting the application for verification OR such documents are in the name of some other person, for example father or spouse.
If the seal/ stamp do not contain membership/ practicing certificate number, same may be recorded by hand.
Only such documents which are currently valid should be attached.

The authorized director or company secretary will apply in form INC-1 to MCA for checking name availability and approving the name. This process is same as the process adopted at the time of initial name approval.RoC will send a letter stating that the proposed name is available. Please note that this will not be the final approval of company name, it is just a confirmation from RoC that proposed name is available.The proposed name shouldn’t be similar to another existing company name, and it shouldn’t include the word “state.” Other conditions existing at the time of initial name approval exists in this situation also.

Pre- requisites for filing e-Form 1A (Name availability):

Applicant should be the promoter. If not, file revised Form 1A with fee.
Please write the full names and addresses of the promoters/ remaining promoters duly signed
Please mention the state in which Registered Office of the Company will be maintained
Furnish the Main objects
For registration of a Private Limited and Public Limited company the paid up capital must be at least 1,00,000 and 5,00,000/- respectively. Please increase the capital accordingly.
The application is to be digitally signed.

Step III: Approval of new name by the CRC (MCA) of the company

After CRC approves the name availability they will issue a Name Approval Letter with respect to approval for the availability of name for the company. It must be taken care that the proposed name cannot be made available for a period exceeding 60 days from the date of approval and this approval does not grant any kind of right of privilege. The name is liable to be withdrawn at any time before approval of the name change, if it is found later on that the name ought not to have been allowed.

Step IV: Notice for EGM & passing of Members resolution for changing the name of the company

When the name is approved by CRC the company should call an EGM to pass a special resolution in favor of changing the name of the company. The board has to then issue a notice to all Shareholders, Directors, and Stakeholders of the company in accordance with Section 101 of the Companies act 2013. It should accompany an explanatory statement (102) stating the reasons for the change in name with the interest of the director. The notice should be issued at least 21 days before the meeting. If 95% of the shareholders give their consent, then EGM can be conducted on shorter notice.

Following resolutions have to be passed at the Meeting:

Change of name of the Company and alteration of MOA and AOA of the company subsequently.
If the name is changed due to a change in the business activity or the object of the company then the main object in MOA also has to be changed.
Delete any other object in the object clause of the MOA of the company.
The liability clause of the MOA has to be amended.
New AOA and MOA have to be adopted which are consistent with the Companies Act 2013.

Step V: Application for approval of company name change

Once the special resolution is passed in EGM in step IV, the company has to file the special resolution with RoC within 30 days of passing the resolution. With it, Form MGT-14 will also be filed which contains the details about special resolution. Following documents are submitted with MGT-14:

Notice issued for EGM along with explanatory statements
A certified true copy of Special resolutions and Board Resolution;
Altered MOA and AOA.
Minutes of the extraordinary general meeting; Explanatory statement to EGM,
Consent letter to shareholders, in case the extraordinary general meeting is convened on shorter notice i.e. Please furnish No Objection by way of Resolution of the Board of the Group of Companies
For the Proposed name that indicates the partnership or the patronage of any National Leader or of Government, please furnish necessary evidence in this regard to consider the matter further
In case of company taking over business of partnership firm please furnish a copy of the Partnership deed, latest Assessment order, Balance Sheet of past two years and also Profit and Loss account. An affidavit signed by all the partners showing that the main objects of the Company will be to take over the business of present firm and thereafter the firm will be dissolved.

For cases of Change of name of company, please furnish the following documents/ information

Board resolution of the existing company for change of name and reasons for change of name.
Certified copy of latest Memorandum of Association, Balance Sheet and Profit and Loss account.
Present business activities of the company and the proposed activities of the company specifying the object clause of the Memorandum under which the activities are covered.
Turnover of the existing companies from the existing activities in the last 1 year.
Turnover of the existing companies from the proposed activities in the last 1 year (specifying the exact period) duly certified by Statutory Auditors
NOC from the out-going promoters if fresh allotted name is being applied as a Change of Name.
Whether Form 23 for alteration in the object clause has been registered in ROC office if so furnish a copy of Certificate issued u/s 18(1) of the Companies Act,1956
Whether the company has filed its A/R, B/S up to date, if so proof thereof.
Please also file a power of attorney, if applicable.
If objects are indicated in the names, the same should correspond to the main objects. As your main objects differ the name is rejected.
Annexure/ attachment should be signed, if any
File the reasons for change of name
File Board’s resolution, if applicable
File the present activities of the Company, if applicable
Modify the main object, if applicable.
Applicant should be the existing company, File Form 1A in favor of the company with fee.
Furnish latest copy of the Memorandum & Articles of Association, if applicable.
Please furnish a certificate from Auditors of the Company that the company has derived a substantial portion of its income from the new objects inserted by the company in the main clause of Memorandum & Association
Furnish copy of Certificates of Change of objects issued u/s 18(1) of the Companies Act, 1956 with altered copy of Memorandum & Articles of Association.
To clarify the Main objects in details.
Whether the company is registered with Reserve Bank of India as NBFC.

Once MGT-14 is filed, the company needs to file INC-24 with the RoC for taking approval of the central government for name change along with the prescribed fee.INC-24 will be filed after MGT-14 is filed since INC-24 specifically asks for SRN of MGT-14 filed with RoC. SRN of INC-1 also needs to be mentioned in INC-24. Along with INC-24, a copy of the minutes of Extra-Ordinary General Meeting where the special resolution was passed also needs to be submitted.In INC-24, reasons of the name change, details about the number of members who attended the EGM, number of members voting in favor/ against the resolution, and percentage of shareholding are also mentioned.

Hence, the company also has to submit form INC-24 to obtain approval from the Central Government for the change of the company’s name within 30 days of the passing of the special resolution. You have to attach the following documents:

Notice of extraordinary general meeting along with the explanatory statements;
A certified true copy of Special resolutions and Board resolution;
Altered Memorandum and Articles of Association;
Minutes of the extraordinary general meeting;
Consent letter to shareholders, in case the extraordinary general meeting is convened on shorter notice.
SRN of the Form MGT-14

Upon submission of the proposed name and the payment, challan will be generated with Service Request Number (SRN) with details of the fees paid by the user.

Step VI: Issue of new Certificate of Incorporation

Jurisdictional ROC will check and review the forms and documents filed by the company. If he is satisfied with the forms and documents were given by the Company then Registrar will issue the New Incorporation certificate stating the new name of the company. The name will be effective from the date of issue of the certificate. Company name change process isn’t completed until the new certificate of incorporation is issued by the RoC.

Note: Both the Form MGT-14 and Form INC-24 is Non-STP Form. Generally, it will take 15-20 days in the entire process.

Step VII: Incorporating company name in MoA and AoA

Once the new certificate of incorporation is received from RoC, the company name must be incorporated in all the copies of MOA and AOA.

Process for Name Change of a Company under Companies Act, 2013 in a nutshell

Step I:

Board resolution of the Company

Step II:

Check the availability of the proposed names

Step III:

Approval of new name by the CRC (MCA) of the company

Step IV:

Notice for EGM & passing of Members resolution for changing the name of the company

Step V:

Application for approval of company name change to the Registrar of the Companies

Step VI:

Issue of new Certificate of Incorporation by the Registrar of the Companies

Step VII:

Incorporating company name in MoA and AoA by the company

Name change in case of Limited Liability Partnership

Reasons for LLP name change:

Mergers and amalgamation
Shift in business activity
New brand development

LLP Name Availability:

Before commencing the change name process, decide a name and verify the name availability. If the name is available, then an application for Reservation of Unique Name can be made on the MCA portal to reserve the name for a period of 3 months.

Following sections of LLP Act 2008, deals with the change of name:

Directions received from the C.G. (Central Government) (Section 17 of LLP Act, 2008)

Section 17 of the LLP Act suggests that where the Central Government is satisfied that an LLP has been registered under a name which is identical with or too nearly resembles the name of any other LLP or body corporate or other name as to be likely to be mistaken for it, the Central Government may direct to change its name.
In such case the LLP shall comply with the direction within 3 months after the date of the notification or such longer period as the Central Government may allow.
Any LLP which fails to comply with a direction shall be punishable with fine which shall not be less than 10,000 but which may extend to 5 Lacs.
Further, the designated partner of such LLP shall be punishable with fine which shall not be less than 10,000 but which may extend to 1 Lac.

Suo moto basis (Section 19 of LLP Act, 2008)

The process related to the change in name of LLP is covered under Section 19 of the LLP Act, 2008 and the LLP agreement filed with the MCA.
Hence, before starting the process for changing the LLP name, one should verify the LLP agreement to ensure whether or not some process related to alteration of the name is present.
Most of the LLP agreements will not have any restriction on changing the name of an LLP.
However, consent from all partners is mandatory to change the name of LLP.

For any reason, if you wish to change your LLP name, there’s a defined procedure to be followed.In case any of the procedure is not followed, Name Change cannot be given effect to, by ROC.

Documents required

Attested copy of consent letters from the rest of the partners
Board resolution stating that the Board wants a name change
Trademark Certificate of the name if it has been registered
NOC if the name is already under the Trademark register
Authorization allowing the partner to file Form 1
Certified Copy of LLP Agreement

Once the name has been approved, the LLP has to file e-Form 5 which acts as a notice, within 30 days of the new name being approved. Once the registrar is satisfied, he or she will issue a new certificate with the revised name.

Effects of a change in LLP Name

The notice of change of name shall be filed with the registrar within 30 days from the day of such change of name.
The change of a LLP name does not affect any rights or obligations of the LLP.
Any legal proceedings continued or commenced by or against the LLP pending in its old name will be continued in its new name.
Changing the name does not affect the constitution and entity of the LLP and therefore the change of name do not bring into existence a new company.
A decree obtained by a LLP in its former name can be executed by it in the new name after it has obtained a certificate for the altered name.
The Registrar of Companies shall issue a fresh certificate of Incorporation after the change of a LLP name has been filed and approved.
As the name of the LLP is also mentioned on the LLP agreement, Pan card, Tan Number, GST Registration, after its change, must also be altered.

Withdrawal of name already approved by Central Registration Centre (CRC) - Introduction

Selecting a Company or LLP name is the most important step towards company registration process. It is essential to select a name that is unique and which will give recognition to the company. A unique name of company must be reserved with Ministry of Corporate Affairs (MCA). But when there is some mistake or error made in the name while applying for the same on MCA, it can be reversed by adopting a company / LLP name withdrawal process on MCA portal.The following article deals with Withdrawal of name already approved by Central Registration Centre at the time of incorporation of a company or at later stage at the time of name change.In order to avoid the rejection of new Proposed Name due to the existence of identical or closely resembling companies which the company has already applied, withdrawal of existing name every time becomes the essence to apply for new proposed name with correction.

What is the meaning of Company / LLP name reservation?

The Ministry of corporate affairs have introduced a new form which is called SPICe plus (SPICe+) in January 2020 to facilitate the entrepreneurs which offers multiple services which includes Name reservation for the company.
Name Application for a Company could be made through SPICe+ Part A under New Application.
Hence, when one wish to incorporate a company and the question of Reservation of name arises, the only thing that the person needs to do is file an application for name reservation in Part A of form SPICe Plus.
However, LLP-RUN (Limited Liability Partnership – Reserve Unique Name) is filed for the reservation of name of proposed LLP.

Withdrawal of Company name / LLP name

Withdrawal of the company name / LLP name means withdrawing of the company / LLP name after the application for the reservation of the company / LLP name but the same is pending to be approved by the ROC. So it means withdrawal of the name already approved by Central Registration Centre (CRC).

The validity of the reserved Company names by CRC

The Central Registration Centre (CRC) may on the basis of information and documents provided, reserve the name for a period of:

20 days from the date of approval if in case the name is being reserved for a new company.
60 days from the date of approval if in case of it includes a change in the name of an existing company.

The Central Registration Centre (CRC) is an initiative of Ministry of Corporate Affairs (MCA) in Government Process Re-engineering (GPR) with the specific objective of providing speedy incorporation related services in line with global best practices.

Name applications will be processed by Central Registration Centre (CRC). The name applied for will be subjected to a comprehensive check by the Central Registration (CRC) and thereafter approval or rejection shall be communicated by e-mail to the applicant.

However, the names that the applicant thinks to be available may not be approved by the Central Registration Centre (CRC) as the CRC does a comprehensive check on Company names phonetically similar and same / similar meaning in other languages etc. CRC is presently tasked to process applications for name availability (RUN) and forms related to new companies’ incorporations (/SPICe-INC-32/SPICe MoA-INC-33/SPICe AoA-INC-34/URC-1).

Change in the Name of the company via RUN

Name applications under RUN will be processed by Central Registration Centre (CRC). The name approval is subject to comprehensive check by the Central Registration (CRC) and thereafter approval or rejection shall be communicated by e-mail to the applicant. The name approved under RUN Process for new Company registration is valid for a period of 20 days from the date of approval. In case of change of name of an existing company, the name shall be valid for 60 days from the date of approval.RUN (Reserve Unique Name) web service is a simple and easy to use web service for reserving a name for a new company or for change of name for any existing company.

Many times there are such circumstances where the company needs to change the name of the company.
Such circumstances are Change of business activity of the company, Change to reflect brand of the company, Change as per government order etc.
In such case, the application for Company name change shall be made in RUN.

The applicant can submit two proposed names for approval in the order of preference. In case the applied names are not available for registration, the ministry will give one chance to resubmit the application with another set of two names for approval.

Users may please note that the name applied for will either be approved or rejected and no resubmission is allowed in RUN. A fresh payment of 1000 has to be made for every application submitted using the RUN service. This fee is additional to the regular fee to be paid through SPICE Application for Company Registration.

RUN Company Name Application is not a mandatory process. Alternatively, the applicant can apply Company Name through the integrated SPICE Application for Company Registration. In that case, we can submit only one name for seeing approval. However, there are two changes of re-submissions for SPICE Application. So, effectively the applicant can submit three names (1-Original Submission + 2 Re-submissions) for approval without any extra cost.

It is very important to note that, the Company incorporation documents (SPICe, INC-12 and INC-24) for a Company Name approved under RUN Process can be submitted only by the same user login ID which was used for reserving the name.

There is no mandatory requirement to attach any document while submitting a RUN Application. However, it is advisable to submit NOC from an existing Company or approval from other agencies and any other relevant submissions to support the name application while submitting RUN Application. All the submissions are required to be filed as single document as an attachment and the size of the file should not exceed 6MB.

Important points to remember to reserve a unique name via RUN

It is necessary to have an MCA account before you access this service. Once you’re logged into the MCA account, you can enter the name you wish to use and check against the MCA database of company and LLP names for its availability.
If an existing company wishes to change its name a Corporate Identification Number (CIN) will be required for the RUN e-form.
The applicant must enter the name in the form, he wants to reserve for the incorporation of a new company or change the name of the existing company.
The user is then supposed to enter the objects of the proposed company and any other relevant comments or documents supporting the proposed name.

Process Post Submission of the proposed name in the RUN form

SRN Generation
Upon successful submission of the proposed name in the RUN form, an SRN will be generated. Make sure that you save the SRN details as it will be required for future correspondence with the MCA.
Challan Generation
A Challan will be generated upon successful submission of the proposed name and payment of the prescribed fees. This document will serve as a proof of payment by the user to the MCA.
Email
Whether a proposed name is approved or rejected an email conveying the same will be generated. This serves as an acknowledgement of the approval or rejection of the name by the MCA to the applicant.
Approval / Rejection Letter
In addition to the email, when a proposed name is approved or rejected by the concerned authority an acknowledgement of the approval or rejection along with the related documents, if any, is sent to the email id of the applicant.
Resubmission of the e-form
It is important to note that the name applied for will either be approved or rejected. No resubmissions are allowed, the applicant cannot edit the forms once submitted. For any change pertaining to the company name or reservation of a new name, a new fresh application will have to be accompanied made with the payment of 1000 as fees.
Fee rules
A nominal fee of 1000 is to be paid while applying for the company title. Please note that the fee payable is subject to changes with regard to the Act or any regulation. If in case such a change occurs, a notification informing the same will be issued by the MCA.

Entire process of offline cancellation of SRN at a glimpse

An approved SRN can be cancelled and the entire process is offline and consists of following steps and documentation: –

Visit the respective ROC of the States, where the registered office of the Company is situated.

Submit few documents such as an application, Affidavit, Undertakings Declaration duly signed by any of the director of the company along with the challan which needs to be cancelled.

After submitting the aforesaid documents, the ROC will scrutinize the form in respect of which the application for cancellation has been received and it usually take 15-25 days to process the application.

If ROC finds the grounds of defectiveness, then the application for cancellation of SRN will be approved and the same will be communicated by the registrar via email registered on MCA master data.

Post cancellation of SRN, we will be able to file the form again on the MCA portal.

Reasons for withdrawing Company name / LLP name on MCA

Sometimes it happens that the company name or LLP name that you applied has to be cancelled or changed for following reasons:

When the application for the name is wrongly or mistakenly filed, the application can be cancelled.

The name applied is wrong.

There is spelling mistake.

When for any of the above reasons, the company / LLP name needs to be cancelled, then the LLP / Company name can be withdrawn by cancelling the SRN for the Company / LLP name reservation application.

Conditions for cancellation of SRN

You can only cancel your SRNs that have G or E as prefix.

These SRNs are for e-Forms/ services and stamp duty payment.

The Cancel SRN link is displayed only when SRN status is Not Paid or Pending for Payment.

Need of cancellation of SRN

When an application is wrongly or mistakenly filed, the application can be cancelled.

The name applied is wrong. (Name Withdrawal)

There is spelling mistake.

However, the SRN for STP format forms cannot be cancelled

Steps to cancel the SRN for Company / LLP name online

1. Visit the MCA Official website (http://www.mca.gov.in)

The first step towards cancellation of SRN is to login to MCA portal by using the same login id used for filing the application.

2. Click the MCA “Service Tab”:

Select the tab of “My Services” and in that select Service related compliant tab.

3. Click the SRN / Transaction status menu:

Mention the Details required in it and Select “CRC” in type and in Category there will be 5 Option select as per your requirement, 5 Options are, Approval and Rejection, Payment, DSC, DIN and E-filling. Sub-Category you have selected as per your requirement it will depend on the option you select from the above.

4. Complete the procedure:

In the SRN field, enter the SRN to be cancelled and click Submit. The SRN details are displayed.

5. Submission of the application:

After Submitting the Compliant, MCA will Revert you in the Mail id in which you have to mail the Application along with the affidavit (If CRC ask for the same).

Things to keep in mind while applying for the withdrawal of Company name via “Cancellation of SRN

The signature of the person whose name is registered in a particular Login-id from which form or application is filed only valid in Application and affidavit, if it is a company authorized person is required to sign the same.
You can only cancel your SRNs that have G or E as prefix. These SRNs are for e-Forms/ services and stamp duty payment. The link for cancellation of SRN is displayed only when SRN status is Not Paid or Pending for Payment.

Note 1: The Application for cancellation of SRN shall be done in a prescribed format along with an affidavit of the authorized person in a prescribed format.

Note 2: The signature of the person whose name is registered in a particular Login-id from which form or application is filed only valid in Application and affidavit, if it is a company authorized person is required to sign the same.

The Process of Withdrawal Cancellation of Name from CRC

A. Validity of Name approved by CRC:

Name applications will be processed by Central Registration Centre (CRC) under Non-STP mode. The name applied for will be subjected to a comprehensive check by the Central Registration (CRC) and thereafter approval or rejection, as the case may be, shall be communicated by e-mail to the applicant.All the powers of approval of Name for Company as well as LLP vested with CRC. Every type of Name approval having different validity/ reservation period as mentioned below:

S. No.	Type of Name Approval	Validity Period
1.	Name Approval for Incorporation of Company	20 days from date of Approval
2.	Change of Name of an existing company	60 days from date of Approval
3.	Change of Name of Company	90 days from date of Approval
4.	Name approval for Incorporation of LLP	90 days from date of Approval

B. Reason for Withdrawal

As mentioned in Point A – once name approved by CRC shall be reserved for above mentioned days. Now if Company want to change the name because of any of the below mentioned reason or any other reason, then it is not allowed until expiry of reserve period.

Change in spelling of reserved name
Change in any word of reserved name
Change in any alpha bate of reserved name; etc

C. Process of Withdrawal of Name:

There is no process given under Companies Act 2013 for withdrawal of Name after reservation from CRC. However, on the basis of our practical experience we are writing this process:

STEP – I:

Prepare an affidavit in the name of the person from whose MCA ID that name has been applied. Mention the following things in affidavit:

Details of name already reserved along with SRN
Reason for withdrawal of Name
Request for cancellation of name.

STEP – II:

Get the affidavit print out on Stamp Paper as per the State Stamp Act and get notarized the same.

STEP – III:

Mail the following documents to CRC on their email id:

Scan copy of Notarized Affidavit
PAN and Aadhaar of person signing the affidavit
Name approval letter

Mail should be send from the email id registered on MCA against that MCA login.

STEP – IV:

On receipt of mail by CRC, they will go through all the documents and if satisfied with the reason and documents then they will approve the cancellation of name and send a mail on the registered email id about the same.

Conclusion

If you want to apply some amendment or modification in the name of the entity them you need to withdraw the previous name which you have already applied and approved by the Central Registration Centre (CRC) because if you don’t do that, the CRC will give an objection saying the name has already been applied for. So in order to resolve it you first need to withdraw the name from Central Registration Centre (CRC). Thereafter, prepare a proper letter addressing the CRC with the name of the person who have applied for the withdrawal of such a name with a copy of self attested proper identity cards with details. The letter should be on stamp paper in the form of declaration. The reason for name withdrawal should also be clearly mentioned along with the signature of the person who has applied for such withdrawal.

To avoid rejection of the name applied for, users are advised to be familiar with the Companies (Incorporation) Rules 2014, as amended, and conduct their own Name and Trade Mark search, the links for which are available separately on the portal, prior to submission of applications.When a proposed name is approved/ rejected, an email communication containing confirmation of approval/rejection (as the case may be) with related documents, if any, is sent to the email id of the applicant. Name approval/ rejection letter upon approval/ rejection of the e-Form is system generated and shall be digitally signed by the Registrar and sent to the email id of the applicant. Rejection letter is generated on the basis of rejection codes defined by the Ministry.The same user login ID which was used for reserving the name has to be used for submitting and uploading SPICe, INC-12 and INC-24 forms.

On certain condition, a company name could be removed from the MCA database or even struck-off by the Companies Registrar but that is removal by the Registrar and not by the Central Registration Centre (CRC) having different reasons and procedures. Changing company names amounts to a significant alteration since Memorandum of Association and Articles of Association need to be altered. As per Section 13 of the Companies Act 2013, a company may change its name by passing a special resolution in general meeting and receiving approval from the Central Government.

The name adopted by a private limited company during incorporation can be changed later. To change the name of a company, the consent of the shareholders through a special resolution and MCA approval are required. The change of name of a company has no impact on its legal entity or its existence as a corporate entity. The change of name of a company will not create a new company or new entity. Therefore, the change of company name shall NOT:

Affect any rights or obligations of the company
Render defective any legal proceedings by or against the company
Not affect any legal proceedings by or against the company and pending in the old name; they may continue in the old name.

The Process of Withdrawal/ Cancellation of Name from CRC

Format of Affidavit

If the name of a person does not have a last name, then his/ her father's first name should be filled in the mandatory 'Last Name' field. In such a case, an affidavit duly notarized by a Notary Public should also be submitted along with DIN application, in the format given below:

Specimen/Format of Affidavit:

(If ID proof has single name for applicant)

I ____ (Applicant Name as per id proof), residing at _______ (Address as per address proof) do solemnly affirm and stated as under: I am _____ and my name _______, appearing on the enclosed ID proof, is single name. My father’s name is ________________. For applying DIN application of mine, I am mentioning my father’s name "____________" as my Last name, as this a mandatory requirement for applying DIN. (Referred point no. 16 in FAQ at www.mca.gov.in). Both names denote one and the same person.
I solemnly state that the contents of this affidavit are true to the best of my knowledge and belief and that it conceals nothing and that no part of it is false.

Please Note: Affidavit should be notarized by Notary only (Code of Civil Procedure, 1908) and same should not be attested either by Chartered Accountant or Company Secretary or Cost Accountant.

(If ID proof has single name for applicant’s father)

I am _____ and my father’s name _______, appearing on the enclosed ID proof, is single name. My grandfather’s name is ________________. For applying DIN application of mine, I am mentioning my grandfather’s name “____________" as my father’s Last name, as this a mandatory requirement for applying DIN. (Referred point no. 16 in FAQ at www.mca.gov.in). Both names denote one and the same person. I solemnly state that the contents of this affidavit are true to the best of my knowledge and belief and that it conceals nothing and that no part of it is false.

Please Note: Affidavit should be notarized by Notary only (Code of Civil Procedure, 1908) and same should not be attested either by Chartered Accountant or Company Secretary or Cost Accountant.