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TMI BlogNAME AVAILABILITY GUIDELINES, 2011.X X X X Extracts X X X X X X X X Extracts X X X X ..... per provisions contained in Section 20 of the Companies Act, 1956 , 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) N ame of a LLP in existence or names already approved by Registrar of LLP; or (iii) A registered trade-mark or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999. 2. While applying for a name in the prescribed e-form-1A, using Digital Signature Certificate (DSC), the applicant shall be required to furnish a declaration to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntants, who will certify that he has used the search facilities available on the portal of the Ministry of Corporate Affairs (MCA) i.e., www.mca.gov.in/MCA21 for checking the resemblance of the proposed name(s) with the companies and Limited Liability Partnerships (LLPs) respectively already registered or the names already approved and the search report is attached with the application form. The professional will also certify that the proposed name is not an undesirable name under the provisions of section 20 of the Companies Act, 1956 and also is in conformity with Name Availability Guidelines, 2011. 4 (i) Where e-form 1A has been certified by the professional in the manner stated at 3 above, the name will be made available by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en after incorporation of the company, the Central Government has the power to direct the company to change the name under section 22 of the Companies Act, 1956 , if it comes to his notice or is brought to his notice through an application that the name too nearly resembles that of another existing company or a registered trademark. 8. In determining whether a proposed name is identical with another, the following shall be disregarded: (i) The words Private, Pvt, Pvt., (P), Limited, Ltd, Ltd., LLP, 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 any of the words appearing in the name; (iv) The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e extent of adding the name of the place, the same shall not be allowed. For example, Unique Marbles Delhi Limited can not 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/ submitted; (x) Different combination of the same words, as this does not make a name distinguishable from an existing name, e.g., if there is a company in existence by the name of Builders and Contractors Limited , the name Contractors and Builders Limited should not be allowed; (xi) Exact Hindi translation of the name of an existing company in English especially an existing company with a reputation. For example, Hindustan Steel Industr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l not be allowed; (v) If the proposed name is identical to the name of a company dissolved as a result of liquidation proceeding should not be allowed for a period of 2 years from the date of such dissolution since the dissolution of the company could be declared void within the period aforesaid by an order of the Court under section 559 of the Act. Moreover, if the proposed name is identical with the name of a company which is struck off in pursuance of action under section 560 of the Act, then the same shall not be allowed before the expiry of 20 years from the publication in the Official Gazette being so struck off since the company can be restored anytime within such period by the competent authority; (vi) If the proposed nam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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