How to Change the Name of the Company

Changing the name clause of the company involves alteration of the memorandum of association of the company. Under section 13 of the Companies Act 2013, the amendment process in the memorandum of association is applicable to all companies. Therefore, all clauses of the memorandum can be altered except the capital clause.

After the incorporation, the company can change their name in the following way:

• Change of name from private to public, or
• Change of name from public to private, or
• Change of name from PQR limited to STW limited.

Steps for alteration in the memorandum of association:

1. Convey board meeting of directors
   As per section 173 of the Companies Act, 2013, issue a notice of meeting to the board of directors before 7 days of the date of the meeting, share the following:

• • Meeting agenda,
  • Draft a resolution, and
  • Notes to agenda

2. Held board meeting

• • Propose a new name for the company at the meeting
  • The resolution is to be passed at the meeting regarding the alteration of the name clause under the MOA.
  • Get approval for alteration by way of special resolution.

3. File form run along with ROC approval
   The company shall file form RUN along with the approval of ROC together with the following attachments:

• • Copy of Board Resolution
  • Approval of owner of the trademark

4. Name approval certificate from ROC
   The company has to obtain a name approval certificate from ROC to make sure the name for which it is applied is available.
   

5. Issue notice of general meeting
   Notice of EGM is to be passed 21 days before the actual date of EGM. At shorter notice, EGM can also be called by a majority in number and at least 95% of the paid-up share capital, giving a right to vote at the meeting. The notice shall specify the date, time and place clearly.
   

6. Hold general meeting

• • Check the quorum, i.e., the volume of members in the meeting.
  • Check whether the auditor is present
  • Pass special resolution
  • Approval for alteration of MOA.
    

7. Filing of form with ROC
   File the form within 30 days of passing a SPECIAL RESOLUTION along with the following document:

• • Copies of SR along with the explanatory statement.
  • Copy of the notice sent to members along with annexure.
  • A printed copy of MO

The company on alteration of name shall effect such change as per Section 12 of Companies Act, 2013. It affixes its name and the address of its registered office and keeps the same affixed, on the outside of every place in which its business is carried on, in a conspicuous position, in legible letters in the local language. They update the address in all other statutory offices, EPFO, ESI, Income tax, GST and other valid registrations.

We assist our clients in dealing with compliances related to company incorporation, business setup, ROC filings, winding up of the company etc. If you have any questions or wish to know more about the company’s name change, kindly contact us.