Resolution of the board after the mutual agreement of the partners
A meeting of the Board of Directors shall be convened to adopt a resolution to change the name of the company and to authorize the Director or the Secretary of the Company to make an application to the MCA to ascertain the availability of the suggested name. In the meeting, the board of directors will discuss to change the name of the company and to amend the MoA and AoA may also be adopted at the same meeting of the Board of Directors.
Check the name availability
When a resolution has been passed confirming the availability of the proposed company name, the authorized person may submit a name application to the MCA. The name application procedure is similar to that of the name implementation procedure followed during the incorporation of a pvt.ltd. company. The name must therefore be as laid down in the Companies Act, 2013 naming guidelines.
Passing the special resolution
When the name has been endorsed by MCA, the firm must call for an exceptional general meeting. A special resolution will be adopted to change the name and amend the Memorandum of Association and the Articles of Association.
Application for approval of a change in the company name
After a special resolution for the change of company name has been carried, a special resolution and an application for the approval of a change of company name must be filed with the Registrar of Companies. An application for a change in the name of the company must be made in Form INC-24 along with the required fee.
New Certificate of Incorporation Issue
If the Registrar of Companies were satisfied with the request to change the name of the company, the Registrar would issue a new certificate of incorporation. It is important to remember that the change of company name is said to be complete and effective upon the issuance of a new incorporation certificate by the Registrar of Companies.
Make the changes to AOA and MOA
Following the issuance of the new incorporation certificate, steps need to be taken to implement the new company name in all copies of the Memorandum of Association, Articles of Association authorized by the Registrar.