Eligibility Requirements for MCA Name Change: Are You Qualified?

A company can change its name only if it meets the conditions set out in Section 13 of the Companies Act, 2013. The primary requirement is that the change must be authorised by a special resolution passed by the company's members. Additionally, the proposed new name must be approved by the Registrar of Companies (ROC) through the RUN (Reserve Unique Name) service on the MCA portal.

The company must ensure the new name is not identical or too similar to an existing company or LLP name, does not violate any trademark or copyright, and does not contain prohibited words under the Emblems and Names (Prevention of Improper Use) Act, 1950. The MCA also checks that the name does not imply government patronage unless specifically authorised.

Yes, all types of companies registered under the Companies Act—private limited, public limited, one-person company, section 8 company, and producer company—are eligible to change their name. However, the procedure and additional approvals may differ. For example, a section 8 company must obtain prior approval from the Regional Director before changing its name.

A company that has defaulted in filing annual returns or financial statements may face delays. The MCA typically requires that the company be "active" on the register and compliant with all statutory filings. If the company is under investigation or has outstanding dues, the ROC may refuse the name change application.

To apply for a name change, the company must submit the following documents through the MCA portal:

1. Board resolution authorising the name change and calling a general meeting.
2. Special resolution passed by members (with at least 75% majority) approving the new name.
3. Form MGT-14 (filing of resolutions) within 30 days of passing the special resolution.
4. Form INC-24 (application for change of name) along with the RUN service approval for the new name.
5. Altered Memorandum of Association reflecting the new name.
6. Consent letter from the proposed new name's proprietor, if applicable.

The company must also provide a certified copy of the board resolution and the special resolution. If the name change is due to a change in the company's main objects, a separate special resolution for altering the objects clause is required.

Yes, the MCA has strict guidelines under the Companies (Incorporation) Rules, 2014. The proposed name must not:

• Be identical or too similar to an existing company, LLP, or trademark.
• Contain words like "National", "Union", "Government", "President", "India", "Bharat", "Reserve Bank", "Securities", "Stock Exchange", etc., without prior approval from the central government.
• Be offensive, obscene, or against public policy.
• Imply any connection with the government or any statutory body unless authorised.
• Use a name that is already reserved by another entity.

The MCA also checks the name against the Trademarks Registry database. If the name is deceptively similar to a registered trademark, the application will be rejected. You can check name availability using the RUN service on the MCA portal before filing.

The entire process typically takes 15–30 days from the date of filing the application, provided all documents are in order and no objections are raised. The timeline includes:

• Name reservation (RUN service): 1–2 working days.
• Filing of Form INC-24: 3–5 working days for processing.
• Issuance of fresh Certificate of Incorporation: 7–10 working days after approval.

The government fees for name change are as follows:

• RUN service fee: ₹1,000 (for name reservation).
• Form INC-24 filing fee: Based on the company's authorised capital (ranges from ₹500 to ₹5,000).
• Stamp duty: Varies by state (typically ₹100–₹500).
• Professional fees: If using a consultant, expect ₹5,000–₹15,000 depending on complexity.

Additional costs may arise if the company needs to change its name on other registrations (GST, bank accounts, trademark, etc.).

If your company meets the eligibility criteria and you have a suitable new name, you can proceed with the board resolution and special resolution. However, the process involves multiple filings and strict compliance with MCA rules. It is advisable to consult a company secretary or a qualified professional to ensure all documents are correctly prepared and filed to avoid rejection.

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This page provides preliminary information. It is not legal advice. For your matter, consult a qualified professional.