WELCOME TO FUNDSCOOP ADVISORS

As per the Name Availability Guidelines 2011, while selecting the company name, the following should should be considered:

The proposed name should not be undesirable or identical with or too nearly resembling with the name of a Company / LLP (Limited Liability Partnership) already registered or names approved by ROC.

The proposed name is not infringing any registered trademarks or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999

The proposed name is not in violation of the provisions of Emblems and Names (Prevention of Improper Use) Act, 1950 as amended from time to time.

The name if made available, is liable to be withdrawn anytime before registration of the company, if it is found later on that the name ought not to have been allowed. However, ROC will pass a specific order giving reasons for withdrawal of name, with an opportunity to the applicant of being heard, before withdrawal of such name.

In determining whether a proposed name is identical with another, the differences on account of the following shall not be considered and the name will be regarded as identical:

The words Private, Pvt, Pvt., (P), Limited, Ltd, Ltd., LLP, Limited Liability Partnership;

The words appearing at the end of the names – company, and company, co., co, corporation, corp, corpn, corp.;

Plural version of any of the words appearing in the name of an existing company doesn’t make a name unique.

The type and case of letters, spacing between letters and punctuation marks;

Joining word or separating the words does not make a name unique.

The use of a different tense or number of the same word does not distinguish one name from another.

Using different phonetic spellings or spelling variations shall not be considered as distinguishing one name from another. (For example, P.Q. Industries limited is existing then Pee Que Industries or P & Q Industries shall not be allowed)

If intentionally misspelled words are used as a name for a company, it shall be checked with properly checked words.

The addition of interned related designation such as .com, .net, .edu, .gov, .org, .in does not make a name unique. Example: If a company exists with a name, “Fast Movies Limited”, then the name “FastMovies.com Limited” or “FastMovies Dot Com Limited” will not be allowed.

The addition of words like New, Modern, Nav, Shri, Sri, Shree, Sree, Om, Jai, Sai, The, etc. does not make a name distinguishable from an existing name and similarly, if it is different from the name of the existing company only to the extent of adding the name of the place, the same shall not be allowed. Such names may be allowed only if no objection from the existing company by way of Board resolution is produced/ submitted;

Different combination of the same words does not make a name unique. Example: If a company exists with a name,“Builders and Contractors Limited”, then the name “Contractors and Builders Limited” will not be allowed.

If the proposed name is the Hindi or English translation or transliteration of the name of an existing company or limited liability partnership, then the name will not be allowed.

The applicants and Registrar of Companies are also advised to adhere following guidelines while applying or approving the proposed name:

Every name need not necessarily indicative of the objects of the company, but when there is some indication of the objects in the name, then it shall be in conformity with the objects mentioned in the memorandum.

If the Company’s main business is finance, housing finance, chit fund, leasing, investments, securities or combination thereof, such name shall not be allowed unless the name is indicative of such related financial activities, viz., Chit Fund/ Investment/ Loan, etc.;

If any part of the proposed name includes the words indicative of a separate type of business constitution or legal person or any connotation thereof e.g. co-operative, sehkari, trust, LLP, partnership, society, proprietor, HUF, firm, Inc., PLC, GmbH, SA, PTE, Sdn, AG etc. then the name will not be allowed.

Abbreviated name such as ‘DJMO limited’ or ‘23K limited’ cannot be given to a new company. However the companies well known in their respective field by abbreviated names are allowed to change their names to abbreviation of their existing name (for example Delhi Cloth Mills limited to DCM Limited, Hindustan Machine Tools limited to HMT limited) after following the requirement of Section 21 of the Companies Act, 1956;

If the proposed name of the company is similar to that of a company dissolved on liquidation proceedings, such name can be used only after two years of dissolution since the dissolution of the company could be declared void within the period aforesaid by an order of the Court under section 559 of the Act.

If the proposed name is identical with the name of a company which is struck off in pursuance of action under section 560 of the Act, then the same shall not be allowed before the expiry of 20 years from the publication in the Official Gazette being so struck off since the company can be restored anytime within such period by the competent authority;

If the proposed name include words such as ‘Insurance’, ‘Bank’, ‘Stock Exchange’, ‘Venture Capital’, ‘Asset Management’, ‘Nidhi’, ‘Mutual fund’ etc., then a declaration must be submitted by the applicant that the requirements mandated by the respective regulator, such as IRDA, RBI, SEBI, MCA etc. have been complied with by the applicant.

If the proposed name includes the word "State" the same shall be allowed only in case the company is a government company. Also names that only contain generic words like the name of a continent, country, state, city such as Asia limited, Germany Limited, Haryana Limited, Mysore Limited or the name is a general one, like Cotton Textile Mills Ltd. or Silk Manufacturing Ltd. will not be allowed.

In the case of a foreign company incorporating its subsidiary company in India, the addition of word "India" or name of any Indian state or city is permissible along with the original name of the holding company.

The name if made available to the applicant, shall be reserved for sixty days from the date of approval and further extension of thirty days with revalidation application and fees. If, the proposed company has not been incorporated within such period, the name shall be lapsed and will be available for other applicants.