Change of Name of Company Under Companies Act 2013

By | July 18, 2017

Introduction

Section 13(2) of the Companies Act, 2013 lays down that any change in the name of a company shall be subject to the provisions of sub-sections (2) and (3) of section 4 and shall not have effect except with the approval of the Central Government in writing:

Provided that no such approval shall be necessary where the only change in the name is the deletion therefrom, or addition thereto, of the word Private, consequent on the conversion of any one class of companies to another class in accordance with the provisions of this Act.

Key Considerations:

  • The company has not defaulted in the filing of Annual Returns or Financial Statement or any other document due for filing with the Registrar. [Rule 29(1) of Companies (Incorporation) Rules, 2014]
  • The company has not defaulted in repayment of matured deposits or debentures or interest on deposits or debentures. [Rule 29(1) of Companies (Incorporation) Rules, 2014]
  • If any Company has changed its activities which are not reflected in its name, it shall change its name in line with its activities within a period of six months from the change of activities. [Rule 8(3) of Companies (Incorporation) Rules, 2014]
  • The names freed on change of name by any Company shall remain in the database and shall not be allowed to be taken by any other Company including its group company for a period of three years from the date of Change subject to specific direction from Tribunal in course of merger or reconstruction or demerger. [Rule 8(8) of Companies (Incorporation) Rules, 2014]
  • Power of Central Government u/s 13(2) has been delegated to Registrar of Companies

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