The most crucial and important factor before you commence your business is deciding on the name of the company or LLP. There are certain guidelines or factors that needs to be considered before you can apply for name of your company or LLP with Ministry of Corporate Affairs (MCA). Below are the snippets of the same:

1. Cannot use Identical or resembling to an existing company or registered trademark or whose application is pending for registration
2. Cannot use any name or emblem which is not allowed by Law such as name of leaders, national flag, president governor, ashok chakra, offensive to any section, religion.
3. Cannot included State or government unless it’s a government company. Bank, stock exchange cannot be used unless its is regulated business.
4. Naming guidelines mention that first word in the name should be unique,2nd should reflect the business.
5. Same name cannot be used in case of Liquidation for 2 years, company Struck off for 20 years & name change for 3 years
6. In case of similar or same word in the proposed name of new company to be incorporated in the group you can obtain NOC from the original holder and attach that along with PAN card. Similarly for trademark if same or similar mark is already registered or applied for registration, NOC can be taken from them and attached.

Note:

• Even if the name is approved during incorporation if the CRC finds that it contravenes the law it can withdraw the name approval later.
• Name once approved is valid for 20 days, it can be further extended by paying additional fees.

Akansha Rathi and Associates (ARACS), Company Secretary Firm in Navi Mumbai is engaged into compliance related services. We have a team of experts who not only possess required skills and experience but also have worked in complex business environment and were engaged in providing complex solutions in terms of providing related Compliance services to our clients.