The Company after incorporation can change their name in the following ways:
- Conversion of name from private (Ram Pvt. Ltd.) to public (Ram Limited) or
- Conversion of name from public (Ram Limited) to private (Ram Pvt. Ltd.) or
- Change of name from Ram Limited to Shyam Limited
The name of a company is stated in the name clause of the Memorandum of Association. As such, alteration in name shall require alteration of Memorandum of Association. Section-13 of the Companies Act, 2013 regulates the process of amendment in Memorandum of Association which states that the name of the company can be changed by passing a special resolution and obtaining the approval of the Central Government. However, approval of Central Government is not required for addition/deletion of the words “private” to the name
Following procedure is to be followed for alteration of Memorandum of Association for name change:
Step-I: Issue notice for Board Meeting to all the directors of company at least 7 days before the date of meeting
Step-II: Putting on Board the proposed names for the company and passing Board resolution after selection of names
Step-III: File application for name approval- RUN Web form/SPICe+
Step-IV: Issue notice for Extra Ordinary General Meeting (EGM) at least 21 days before the date of EGM (or for a shorter period notice subject to required compliance)
Step-V: Pass a special resolution for approval of alteration of MOA at EGM
Step-VI: File Form MGT-14 with the Registrar within 30 days of passing special resolution along with the following attachments:
- Certified true copies of special resolution
- Copy of notice of EGM send to the members
- A printed copy of MOA/AOA
- Copy of attendance sheet of General Meeting
Step-VII: File Form INC-24 within 30 days of passing of special resolution for approval of Central Government
Step-VIII: After completion of the above process, ROC shall issue a new Certificate of Incorporation with altered name
