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Where in the opinion of the Central Government the name is identical with or too nearly resembles the name by which a company in existence had been previously registered, whether under this Act or any previous company law, then the Central Government shall direct the Company to change the name.
On an application by a registered proprietor of a trade mark that the name is identical with or too nearly resembles to a registered trade mark of such proprietor under the Trade Marks Act, 1999, made to the Central Government within three years of incorporation or registration or change of name of the company, whether under this Act or any previous company law
Where the name of the Company does not reflects the nature of business of the Company.
Board members shall convene a Board Meeting to approve the proposal to change the name of the Company and to apply for the change of name of Company.
At least 7 days notice shall be given to board members before the date of meeting.
File form INC-1 with ROC for approval of name and maximum 6 (Six) names can be suggested in one form. Form shall be filed with prescribed fees.
Once a name for the Company is approved by Registrar, an Extra Ordinary General Meeting shall be convened as the name change requires memberís approval in General Meeting.
Day, date, time for convening General Meeting shall be fix by Board and Clear notice of 21 days shall be given to member for the General Meeting. General Meeting shall be conducted where proposal of change of name of company shall be passed.
Resolution for alteration of Memorandum of Association shall also put to motion and passed by a Special Resolution where the name clause shall be altered of Memorandum of Association of the company.
Form INC-24 shall be filed with Registrar of Companies within 30 days of passing Special Resolution for the approval of name change with Central Government (Power delegated to ROC)
Form MGT-14 shall be filed with Registrar of Companies within 30 days of passing Special Resolution to file a copy of Special Resolution.
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