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Rule to decide a company Name

Author: Ravi Kumar
by Ravi Kumar
Posted: Apr 13, 2021

All big / small companies have the word "Limited" at the end of their name. what does this mean?

Any company registered with ROC (Registrar of Companies) gets a certificate of Company registration in India (Information). And being company limited means that the liability of the shareholders of the company is limited. What is it limited to? As much as they have invested in the company. That is, if the company goes bankrupt, the shareholders of the company will not have to lose the same amount of their investment. The shareholder is therefore limited to the amount invested by them. Even if the loss or loss is high and the company is declared insolvent, their share holders will not suffer much from their investment.

That is why people use proprietorship or partnership company only till it is small. After the development of the company's business, they are either made LLP (limited liability partnership) or limited company private or public so that their losses are limited to the investment.

How small or big should be the company name?

The Companies Act 2013 or earlier rules do not say anything about this. Certain guidelines have been given regarding the choice of name, which is required to be followed otherwise the fee paid for acceptance of the name, which is payable with the application, is drowned.

The following are the rules regarding name as per the Companies Act Availability Guidelines 2013 of the company;

  • A company name must be unique.
  • A noun and an activity word in the name that indicate its objectives
  • Conform to the company name guidelines issued by the Ministry of Corporate Affairs.
  • Company name must not contain one of the following
  • The name of the registered company or LLP should not be the same, have similar or similar names. Naturally similar names should also be avoided.
  • A registered trademark or a name similar to a trademark, for which an application has already been filed, should not be there.
  • Offensive names should not be there.

In the opinion of the Central Government, the names which are undesirable, should not be such names.

In determining whether the proposed name is the same with another, the application with the following will not be accepted:

  • Shard Pvt., (P), Ltd., LLP, Ltd.
  • Liability partnership;
  • Words appearing at the end of the name - company, and company, co, corporation, corp,.
  • Plural version of any word appearing in the name;
  • Type and case of letters, spacing and punctuation between letters;
  • No words are formed by adding words together or separating words, such names may be different or linked;
  • Use of different tenses or numbers of the same word that does not distinguish one name from another;
  • Words that do not use different phonetic spelling or spelling variations do not distinguish one name from another, for example, J.K. If the industry is a name then J and K industries or Jay Kay industries or J n K industries or J & K industries will not be allowed. Similarly, if a name contains numeric characters like 3, the same would not be valid with 'Three';
  • Misspelled words, whether intentionally misspelled or not, closely resemble correctly spelled words;
  • Internet-related designations, such as the addition of.COM,.NET,.EDU,.GOV,.ORG,.IN does not create a name, different from the other, even where (.) To; Dot 'is written;
  • The addition of words like new, modern, nav, shri does not make the name Sri, Om, Jai, Sai, etc.; An existing name such as a company different from New Bata Shoe, Nav Bharat Electronic etc. Similarly, if it is different, only adding a place name to the existing company name, the same name will not be allowed. For example, 'Unique Marbles Delhi Limited' may not be permitted. Unique Marbles Limited already exists; Such names can only be allowed if the NOC from the existing company has been verified by the board resolution;
  • Also know about LLP Annual Compliances

  • Names not formed by different combinations of similar words that do not differ from an existing name, such as if a company is called "Builders and Contractors Ltd."
  • The name should not be "Contractors and Builders Ltd.", not permitted;
  • If there is an exact Hindi translation of the name of the proposed name, an existing company in English, especially an existing company which exists with a reputed name, such as Hindustan Steel Industries Limited cannot be accepted with the name if Hindustan Ispat Udyog Limited. 'A company named already exists';
About the Author

My name is Ravi Kumar currently working in a Legal Salaah company as a Business Development Manager. My highest qualification is B.tech. I have 6 years experience in Sales and Marketing.

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Author: Ravi Kumar

Ravi Kumar

Member since: Mar 26, 2021
Published articles: 1

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