Change in the Name of Company

Change Your Company Name Legally with Complete End-to-End Assistance from My Legal Business LLP.

TALK TO ADVISOR

What is Change in the Name of Company

Change in the Name of Company

A change in the name of company is one of the most important strategic decisions for any organisation operating in India. The company’s name holds legal identity, brand value, and market reputation. Over time, as businesses evolve, diversify, or restructure, the existing name may fail to reflect the current objectives and direction. In such cases, companies opt for a change in the name of company to align with their renewed vision and long-term goals.

Under the Companies Act, 2013, the process for changing a company’s name is highly regulated. It requires approvals at multiple levels—Board of Directors, shareholders, and ultimately the Registrar of Companies. This change is not simply a branding update; it is a legal modification that impacts all statutory registrations and corporate documents.

A properly executed change in the name of company strengthens brand alignment, enhances market positioning, and ensures complete transparency with stakeholders. It helps maintain legal continuity while updating the company’s identity to match its current and future objectives.

Importance of Change in the Name of Company for Businesses

The significance of a change in the name of company goes beyond branding. It influences legal identity, customer perception, business strategy, and regulatory compliance. However, as the business grows, expands, or restructures, the current name may no longer reflect its identity or direction.

A well-executed name change helps:

Strengthen Brand Positioning

A new name helps the company re-establish itself in the market with a stronger and clearer brand message.

Improve Customer Recall

A relevant and modern name builds trust and improves recognition among clients and partners.

Align with New Business Verticals

When the company enters new sectors, the name must reflect these expanded operations.

Support Mergers or Acquisitions

If management or ownership changes, a new name may be required to reflect the new structure.

Resolve Legal or Trademark Issues

If the current name is similar to an existing trademark, a name change becomes compulsory.

Comply with Regulatory Guidance

Names containing restricted or misleading words may need to be modified.

Thus, a change in the name of company is essential for strategic, branding, and legal reasons and must be handled professionally.

Legal Framework Governing Change in the Name of Company

The change in the name of company is governed by specific legal provisions of the Companies Act, 2013, and relevant rules.

Section 13(2) – Special Resolution & Government Approval

A company can change its name only after:

  • Passing a Special Resolution in a general meeting, and
  • Obtaining approval from the Central Government, delegated to the Registrar of Companies.

Section 4(2) – Prohibition of Identical/Same-Like Names

This provision ensures that the proposed name:

  • Is not identical or too closely resembles an existing company name
  • Does not conflict with a registered trademark
  • Does not mislead the public or imply false association

Section 4(3) – Restriction on Certain Words

Certain regulated words require prior approval from the Central Government, such as: "National", “Union”, “Bank”, “Stock Exchange”, “Insurance”, “Venture Capital”, “Mutual Fund”, etc.

These legal provisions ensure that the change in the name of company follows due process and avoids conflicts.

Relevant Rules (Companies Incorporation Rules, 2014)

Rule 8 – Name Availability Criteria

Defines how to check:

  • Uniqueness
  • Trademark conflicts
  • Undesirable names
  • Banned/restricted words

Rule 29(1) & Rule 29(2) – Procedure for Change in the name of Company

Provides the legal procedure for:

  • Board approval
  • Special Resolution
  • Filing MGT-14 & INC-24

Approving Authority

The Registrar of Companies is the statutory authority responsible for:

  • Verifying name availability
  • Scrutinising documentation
  • Granting final approval
  • Issuing the new Certificate of Incorporation

Eligibility – Who Can Apply for Change in the Name of Company?

Any company—Private Limited, Public Limited, or OPC—can apply for a change in the name of company if:

All statutory filings (AOC-4, MGT-7) are completed

No loan or deposit defaults exist

No ongoing investigations or legal restrictions apply

If these conditions are satisfied, the company can proceed smoothly.

Reasons for Change in the Name of Company

Companies opt for a change in the name of company due to several strategic and legal reasons:

Rebranding

Rebranding is the process of changing the company’s name, logo, design, or overall identity to create a fresh image in the market.

Diversification

When the existing name does not represent new activities or verticals.

Example: A software company starting consumer electronics manufacturing.

Change in Ownership or Management

Reflecting new leadership after merger or acquisition.

Trademark Conflicts

If the RoC or trademark authority raises objections, name change becomes mandatory.

Reputation Enhancement

Improving public perception and gaining market trust.

Change in Company Status

Change in company status refers to any modification in the legal structure or classification of a company, such as converting from a Private Limited to a Public Limited company or vice-versa.

Documents Required for Change in the Name of Company

Accurate documentation ensures smooth MCA approval for the change in the name of company.

Documents for MGT-14

  • Certified True Copy of Special Resolution
  • EGM Notice with explanatory statement
  • Altered MOA & AOA
  • Attendance sheet
  • Shorter notice consent (if applicable)

Documents for INC-24

  • Board Resolution
  • Special Resolution
  • Altered MOA & AOA
  • Minutes of meetings
  • Self –attested Aadhar card and pan card of director
  • List of shareholders
  • Self -attested Aadhar card and pan card of director

Additional Documents

  • Certificate of Incorporation
  • Company PAN
  • DSC of authorised director
documents

Detailed Step-by-Step Procedure for Change in the Name of Company

Here is the complete MCA-approved process for change in the name of company:

01

Board Meeting

The Board approves:

  • Proposal for name change
  • Draft EGM notice
  • Appointment of authorised signatory
02

Name Reservation through RUN

  • Conduct name search
  • Conduct trademark search

File RUN form RoC reserves the name for 20 days.

RoC issues a name approval, but it is preliminary—final approval comes only in INC-25.

03

Hold EGM & Pass Special Resolution

A Special Resolution is compulsory for:

  • Approving the new name
  • Approving amended MOA & AOA

Shareholders must approve the change in the name of company (75% majority).

04

File MGT-14

Must be filed within 30 days of passing the Special Resolution.

MGT-14 contains:

  • Resolution details
  • Amended MOA/AOA
  • EGM documents
05

File INC-24

This is the final approval form. MCA reviews:

  • Justification for name change
  • Compliance status
  • Voting results

ROC objections (if any)

06

Issuance of New Certificate of Incorporation

The ROC issues INC-25, and the change in the name of company becomes legally effective.

Post-Approval Compliance After Change in the Name of Company

After approval, the company must update its new name everywhere.

Display Old & New Name for 2 Years

Including:

  • Letterheads
  • Signboards
  • Website
  • Invoices
  • Business emails

Update Statutory Registrations

  • PAN
  • TAN
  • GST
  • EPFO / ESIC
  • Shop & Establishment License

Update Banking Records

  • Bank accounts
  • Cheques & RTGS
  • Payment gateways

Update Corporate Records

  • Contracts
  • Agreements
  • MOA & AOA print copies
  • Company website

This ensures complete legal and operational alignment after the change in the name of company.

Common Challenges During Change in the Name of Company

Companies often face several practical and compliance-related challenges while changing their name. Identifying these issues in advance helps avoid delays and ensures smooth approval from the Registrar of Companies (RoC). Below are the common problems encountered during the process:

Name Similarity or Trademark Conflict

The proposed name may be similar to an existing company or a registered trademark. This often leads to rejection by the RoC or requires additional documentation to prove uniqueness.

Non-Compliance with MCA Filings

If the company has pending annual filings such as AOC-4 or MGT-7, the RoC may not process the name change application until all compliance is completed.

Errors in Filing MGT-14 or INC-24

Incorrect details, missing attachments, wrong justification notes, or incomplete resolutions may lead to form rejection or multiple resubmission rounds.

Use of Restricted or Non-Permitted Words

Names containing words like “National,” “Bank,” “Exchange,” “Corporation,” etc., require special approval. Using such words without permission causes immediate rejection.

Inadequate Justification for Name Change

RoC often seeks clarity on why the company wants to change its name. If the justification in INC-24 is weak or unclear, the approval may be delayed.

Banking and Licence Update Delays

After approval, companies face challenges updating their new name in bank records, licences, GST, and other registrations, leading to administrative delays.

Role of Professionals in Change in the Name of Company

Professionals play an important role in ensuring that the change in the name of company is carried out smoothly and in full compliance with the law. Their guidance helps avoid errors, delays, and possible rejection from the Registrar of Companies (RoC).

Below are the key responsibilities handled by professionals:

Drafting Resolutions and Notices

Professionals prepare all necessary Board Meeting and EGM documents, including board resolutions, special resolutions, explanatory statements, and notices. These must be accurate and legally compliant.

Checking Name Availability and Compliance

They conduct detailed checks on MCA, trademarks, and naming guidelines to ensure the proposed name is valid, unique, and acceptable under the Companies Act, 2013.

Preparing Altered MOA & AOA

Professionals revise the Memorandum and Articles of Association to reflect the new company name and ensure these documents meet all statutory requirements.

Filing Required MCA Forms (MGT-14 & INC-24)

They handle the entire filing process on the MCA portal, ensuring that:

  • Correct documents are attached
  • Forms are filled accurately
  • Timelines are strictly followed

This helps prevent RoC objections.

Coordinating with the Registrar of Companies

If the RoC raises queries or asks for clarification, professionals prepare responses and communicate with authorities on behalf of the company.

Ensuring Post-Approval Compliance

After approval, professionals guide the company in updating its new name on:

  • PAN, TAN, GST
  • Bank accounts
  • Licences & registrations
  • Websites, documents, and signboards

This ensures full compliance after the change.

How My Legal Business LLP Helps in Changing Your Company Name

My Legal Business LLP offers complete professional assistance to help you change your company name in a legally compliant and structured manner. Our expert team handles the entire process from start to finish, ensuring accuracy, timely filings, and smooth approval from the authorities.

  • Availability check & name reservation with MCA
  • Drafting of Board & Shareholder Resolutions
  • Alteration of MOA & AOA as per legal requirements
  • Filing of ROC forms and follow-ups
  • Final approval & updated Certificate of Incorporation
  • Complete compliance support till process completion

FAQs on Change in the name of company

What is the procedure to change in the name of company?

The process includes passing a Board Resolution, applying for name reservation, conducting an EGM to pass a Special Resolution, filing Form MGT-14, and finally submitting Form INC-24 for Central Government approval. The name officially changes only after the new Certificate of Incorporation is issued.

How long does it take to change in the name of company?

The process usually takes 10–15 working days depending on the availability of the name, MCA approval speed, and accuracy of documents. Resubmissions can delay the process.

Do we need a new PAN after change in the name of company?

The PAN number does not change. Only the name on the PAN card must be updated to reflect the new company name for banking, GST, and compliance purposes.

Is GST name change mandatory after change in the name of company?

Yes. The GST portal must be updated with the new legal name. The GSTIN remains the same; only the company name changes.

Is trademark NOC required for change in the name of company?

A trademark NOC is required only if the proposed name is similar to or conflicts with an existing registered trademark. Otherwise, no NOC is necessary.

Can we Change in the name of company without altering business activities?

Yes. Name change is independent of business activities. Only the Name Clause in the MoA is altered; the Object Clause remains unchanged.

Do all shareholders need to approve change in the name of company?

Yes. A Special Resolution must be passed with at least 75% of shareholders’ approval. Without this majority, the change cannot proceed.

What documents are required for MCA approval?

The key documents include the Board Resolution, name reservation approval, EGM notice, Special Resolution, altered MoA and AoA, and trademark NOC (if applicable).

What happens to existing contracts after change in the name of company?

All existing contracts remain valid. However, clients, vendors, banks, and partners must be informed, and updated documents should be shared for record alignment.

Will the CIN number change after change in the name of company?

Only the first part of the CIN may change based on the company category or industry code. The remaining digits stay the same.

Can a Change in the name of company if compliances are pending?

MCA may not approve a name change if the company has pending annual filings or defaults. Clearing compliances first ensures smooth approval.

How many name options can be submitted for reservation?

In the RUN form, you may submit two name options. If rejected, a fresh application must be filed.

Can a Private Limited Company convert to LLP while changing its name?

No. Conversion and name change are two separate processes. The company must first complete the conversion, and then the LLP can proceed with a name change.

What are the government fees for change in the name of company?

Fees vary based on company capital and state. They include RUN form fees, MGT-14 fees, INC-24 fees, and stamp duty for altering MoA and AoA.

Do banks need to update details after the change in the name of company?

Yes. Banks require the new Certificate of Incorporation, Board Resolution, and updated PAN to Change in the name of company in their records.

Why do companies change their names?

Companies change names due to rebranding, expansion, mergers, market positioning, or to avoid name similarity/conflicts with other entities.

Can a company start using the new name immediately after approval?

Yes. Once the ROC issues the fresh Certificate of Incorporation, the company can start using the new name and update all registrations accordingly.

Can the new company name be similar to an LLP or partnership firm?

No. The name must be unique and should not resemble an existing company, LLP, or registered trademark to avoid approval rejections.

What if MCA rejects the proposed name?

You must file a new RUN application with alternative names. Rejection usually happens due to similarity, trademark conflicts, or rule violations.

Can a Section 8 company change its name?

Yes, a Section 8 company can change its name, but it requires prior approval from the Central Government. The new name must clearly represent the charitable, non-profit, or social objectives of the organization. The company must ensure that the proposed name aligns with its existing licence and does not indicate any profit-making activity.