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A company being a legal entity must have a name of its own to establish its separate identity. The name and objects of the company are specified in the Memorandum of Association of the company. MCA allows modifications in name and objects of the company and also in the place of its registered address. The company may at any time alter its name or address or objects by complying the requirements of law
Our team of associates will guide in the process of alteration in name/address/objects of your company. We will advise you in drafting necessary resolutions for this purpose and assist you in the entire process. Please feel free to contact us
The Company after incorporation can change their name in the following ways:
The name of a company is stated in the name clause of the Memorandum of Association. As such, alteration in name shall require alteration of Memorandum of Association. Section-13 of the Companies Act, 2013 regulates the process of amendment in Memorandum of Association which states that the name of the company can be changed by passing a special resolution and obtaining the approval of the Central Government. However, approval of Central Government is not required for addition/deletion of the words “private” to the name
Following procedure is to be followed for alteration of Memorandum of Association for name change:
Step-I: Issue notice for Board Meeting to all the directors of company at least 7 days before the date of meeting
Step-II: Putting on Board the proposed names for the company and passing Board resolution after selection of names
Step-III: File application for name approval- RUN Web form/SPICe+
Step-IV: Issue notice for Extra Ordinary General Meeting (EGM) at least 21 days before the date of EGM (or for a shorter period notice subject to required compliance)
Step-V: Pass a special resolution for approval of alteration of MOA at EGM
Step-VI: File Form MGT-14 with the Registrar within 30 days of passing special resolution along with the following attachments:
Step-VII: File Form INC-24 within 30 days of passing of special resolution for approval of Central Government
Step-VIII: After completion of the above process, ROC shall issue a new Certificate of Incorporation with altered name
The object clause of the MOA states the main objects & ancillary objects i.e. purposes for which the company has been incorporated. A company can’t undertake any activity which is beyond the object clause of the company. A company needs to alter the object clause before undertaking any activity which is not stated in the existing MOA
Following is the procedure of alteration of Object Clause of MOA:
Step-I: Issue notice for Board Meeting to all the directors of company at least 7 days before the date of meeting
Step-II: Putting on Board the proposal for alteration in the Object Clause and passing Board resolution for the same
Step-III: Issue notice for Extra Ordinary General Meeting (EGM) at least 21 days before the date of EGM (or for a shorter period notice subject to required compliance)
Step-IV: Holding of EGM and passing special resolution for alteration of Object Clause of MOA of the company
Step-V: File Form MGT-14 with the Registrar within 30 days of passing special resolution along with the following attachments:
Step-VI: The Registrar will issue such certificate which will be conclusive evidence that all the requirements with respect to alteration have been duly complied with by the company. The alteration shall be complete and effective only on issue of certificate by ROC
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