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YOUR ONLINE COMPANION FOR COMPANY, TAX AND LEGAL MATTERS. WWW.LEGALRAASTA.COM CHOOSING THE RIGHT NAME FOR YOUR COMPANY REGISTRATION - INDIA

Choosing the Right Name for your Company Registration

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WWW.LEGALRAASTA.COMCHOOSING THE RIGHT NAME FOR YOUR COMPANY REGISTRATION - INDIAHi, In this video the Legalraasta team will teach Choosing the right name for your company registration in India its definition, advantages and registration process.

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NAME FOR A COMPANYName for a CompanyName for a CompanyChoosing an appropriate name for a company as per the Companies Act, 2013 or Limited Liability Partnership Act, 2008 is a very important step in the incorporation process. In this article, we will go through the guidelines and process for choosing an acceptable name for a Company or LLP. There are two parts to a company name:

Choosing an appropriate name for a company as per the Companies Act, 2013 or Limited Liability Partnership Act, 2008 is a very important step in the incorporation process. In this article, we will go through the guidelines and process for choosing an acceptable name for a Company or LLP. There are two parts to a company name:

NAME PORTIONName PortionThe name must be unique, different and acceptable, as defined by the Companies Act, 2013 or LLP Act, 2008. The name should not resemble to any existing company or LLP or trademark in the same industry or field. In case there is a Company by the name XYZ Engineering Private Limited, then the name XYZ Engineering LLP would not be allowed as it already has some existence in the same industry. However, XYZ Cars Private Limited will be allowed as it belongs to a different industry / field.So, before choosing or finalizing any name, ensure that there is no other company with the same name, industry or field with the MCA. You can also check for the existing name at this LINK.

Name PortionThe name must be unique, different and acceptable, as defined by the Companies Act, 2013 or LLP Act, 2008. The name should not resemble to any existing company or LLP or trademark in the same industry or field. In case there is a Company by the name XYZ Engineering Private Limited, then the name XYZ Engineering LLP would not be allowed as it already has some existence in the same industry. However, XYZ Cars Private Limited will be allowed as it belongs to a different industry / field.So, before choosing or finalizing any name, ensure that there is no other company with the same name, industry or field with the MCA. You can also check for the existing name at this LINK.

CONSTITUTION PORTIONConstitution PortionThe constitution part is that part which defines the type of entity the name represents. Private Limited Companies are represented by Private Limited Company or Private Limited or Pvt. Ltd Company. One Person Companies are represented by OPC or One Person Company. Limited Companies are represented by LTD Company or Limited or Limited Company. Limited Liability Partnerships are represented by LLP or Limited Liability Partnership.The proposed name should contain the proper constitution that is relevant to the type of entity which is incorporated.

Constitution PortionThe constitution part is that part which defines the type of entity the name represents. Private Limited Companies are represented by Private Limited Company or Private Limited or Pvt. Ltd Company. One Person Companies are represented by OPC or One Person Company. Limited Companies are represented by LTD Company or Limited or Limited Company. Limited Liability Partnerships are represented by LLP or Limited Liability Partnership.The proposed name should contain the proper constitution that is relevant to the type of entity which is incorporated.

Minimum Authorized Capital for Certain WordsThe proposed company should have particular amount of authorized capital to use certain words in a company name. The table details the word and the amount of minimum authorized capital required.

Minimum Authorized Capital for Certain Words The proposed company should have particular amount of authorized capital to use certain words in a company name. The table details the word and the amount of minimum authorized capital required.

NAME AVAILABILITYChecking Name AvailabilityOn lineThe proposed name should be different when compared to an existing Company Name or a Limited Liability Partnership Name or Trademark. The following are the steps for checking the list of company and LLP names in existence:1. Go to the following website or search for MCA Name Availability on-line:http://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do?method=setDefaultProperty&mode=162. In the Company or LLP Name, enter the proposed company or LLP Name and click search.3. The list will show the list of Company and LLPs in existence with similar name.4. If the search returns No records found, then there are no similar companies or LLPs with similar name.

The following are steps for checking the Trademarks in existence:1. Go to the following website or search for Trademark Search India online:http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx2. In the word mark, enter the proposed name.3. Enter the relevant class by entering the class details in the class textbox. Class details can be accessed by clicking on Class Details. Click on search.4. The list will show the list of trademarks, similar to the proposed name.5. If the search returns No records found, then there are no similar trademarks similar to the proposed name.Both trademark and company name availability can also be checked at LegalRaasta.

The proposed name should be different when compared to an existing Company Name or a Limited Liability Partnership Name or Trademark. The following are the steps for checking the list of company and LLP names in existence:1. Go to the following website or search for MCA Name Availability on-line:http://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do?method=setDefaultProperty&mode=162. In the Company or LLP Name, enter the proposed company or LLP Name and click search.3. The list will show the list of Company and LLPs in existence with similar name.4. If the search returns No records found, then there are no similar companies or LLPs with similar name.

The following are steps for checking the Trademarks in existence:1. Go to the following website or search for Trademark Search India online:http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx2. In the word mark, enter the proposed name.3. Enter the relevant class by entering the class details in the class textbox. Class details can be accessed by clicking on Class Details. Click on search.4. The list will show the list of trademarks, similar to the proposed name.5. If the search returns No records found, then there are no similar trademarks similar to the proposed name.Both trademark and company name availability can also be checked at LegalRaasta.

COMPANY NAME GUIDELINESCompany NameThe Company Name SHOULDThe Company Name SHOULD NOTThe Company Name SHOULDBe unique and DifferentContain a noun and an activity word that reflects its objectiveBe in the line with Company Name Guidelines Issued by Ministry of Corporate Affairs

The Company Name SHOULD NOTBe similar, identical or resembling to an existing Company or LLP registered. Phonetically similar names should also to be avoided. Be same as of a registered trade mark or a trade mark for which an application has already been filedBe Offensive. Be Undesirable in the opinion of the Central Government.

INCORPORATION OF COMPANY OR LLPSole Proprietor, or Partnership Name as Company NameWhat are the conditions for use existing Sole proprietor or Partnership name as Company Name?A declaration should be provided by the applicant to state that whether they are using or have been using in last five years, the name which is being applied by an individual for the incorporation of company or LLP or in any other business constitution. For example sole proprietor or partnership or any other incorporated or unincorporated entity. And if yes, details should be provided and No Objection Certificate from other partners and associates for using a same name by the proposed Company or LLP, as the case may be, and also a declaration as to whether such other business shall be taken over by the proposed company or LLP or not .

What are words that cannot be used in a Company Name?Following are the words and combinations which cannot be used in the name of a company in English or any other languages without previous permission of the Central Government Board, Commission, Authority, Undertaking, Panchayat, Development Authority, Prime Minister or Chief Minister Minister, Nation, Forest corporation, Development Scheme, Rashtrapati, Small Scale Industries, Khadi and Village Industries Corporation, Financial, Corporation and the like, Municipal, National, Union, Central, Federal, Republic President, Statute or Statutory, Court or Judiciary, Governor, the use of word Scheme with the name of Government (s) , State , India, Bharat or any government authority or in any manner resembling with the schemes launched by Central, state or local Governments and authorities.

What are the conditions for use existing Sole proprietor or Partnership name as Company Name?A declaration should be provided by the applicant to state that whether they are using or have been using in last five years, the name which is being applied by an individual for the incorporation of company or LLP or in any other business constitution. For example sole proprietor or partnership or any other incorporated or unincorporated entity. And if yes, details should be provided and No Objection Certificate from other partners and associates for using a same name by the proposed Company or LLP, as the case may be, and also a declaration as to whether such other business shall be taken over by the proposed company or LLP or not .

What are words that cannot be used in a Company Name?Following are the words and combinations which cannot be used in the name of a company in English or any other languages without previous permission of the Central Government Board, Commission, Authority, Undertaking, Panchayat, Development Authority, Prime Minister or Chief Minister Minister, Nation, Forest corporation, Development Scheme, Rashtrapati, Small Scale Industries, Khadi and Village Industries Corporation, Financial, Corporation and the like, Municipal, National, Union, Central, Federal, Republi President, Statute or Statutory, Court or Judiciary, Governor, the use of word Scheme with the name of Government (s) , State , India, Bharat or any government authority or in any manner resembling with the schemes launched by Central, state or local Governments and authorities

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