Application for approval of name of a company is to be made to Registrar of Companies
To obtain approval for the name of a company, an application needs to be made to the Registrar of Companies. Here is a detailed explanation of the process:
1. Purpose of the application:
- The name of a company is an important aspect of its identity and must comply with certain legal requirements.
- The application is made to seek approval for the proposed name of the company.
2. Registrar of Companies (ROC):
- The ROC is a government office responsible for the administration and regulation of companies in a particular jurisdiction.
- Each state in India has its own ROC, and the application is made to the respective ROC of the state where the company is to be registered.
3. Procedure for making the application:
- The applicant needs to submit the prescribed application form along with the necessary documents to the ROC.
- The application form typically includes details such as the proposed name, the type of company, the main objects of the company, and the authorized capital.
- The necessary documents may include identity proof, address proof, and any other relevant documents as per the requirements of the ROC.
4. Name availability check:
- The ROC will conduct a thorough check to ensure that the proposed name is not identical or too similar to an existing company's name.
- The name should also not violate any trademark or intellectual property rights.
- If the proposed name is already in use or does not meet the specified criteria, the ROC may reject the application.
5. Approval and reservation of name:
- If the proposed name is found to be available and meets all the requirements, the ROC will approve and reserve the name for the applicant.
- The name reservation is generally valid for a specific period, during which the applicant needs to complete the necessary company registration formalities.
6. Incorporation of the company:
- Once the name is approved and reserved, the applicant can proceed with the incorporation process of the company.
- This involves submitting the required documents, such as the Memorandum of Association, Articles of Association, and other relevant forms, to the ROC.
It is important to note that the process and requirements for name approval may vary slightly depending on the jurisdiction and the type of company being registered. Therefore, it is advisable to consult the specific guidelines and regulations of the respective ROC before making the application.