How to Change name of One Person Company

As per section 2(62) of Companies Act, 2013 one person company is a company which has only one person as its member that means OPC has only one shareholder in the Company.

Very important aspect for any company is its ‘Name’, it provides unique identity to the organization. Name can be changed after registration and incorporation of the company but the question arises ‘how to change company name in India’.

Name of the company can be changed due to many reasons like structural change in the organization, expansion or change of operation of the company or to establish better brand name. Also change of name can be directed by registrar of companies. Thus, we should know how to change company in India.

Name of the company is mentioned under ‘Name clause’ of Memorandum of association of the company. To change name of the company, name clause should be altered and hence Memorandum of Association is required to be altered.

Procedure to be followed by One Person Company regarding how to change company name in India –

1. BOARD RESOLUTION

Meeting of board of directors shall be held for change in name of the company and board resolution must be passed regarding change of name of the company.

2. CHECK NAME AVAILABILITY

After passing board resolution, proposed name should be checked whether it is available or not to ensure that proposed name does not already exists.

3. APPLICATION FOR RESERVATION OF NAME

After ensuring availability of name, application regarding reservation of proposed name shall be sent via E-form INC 1 on MCA portal. INC 1 can be filed with maximum 6 names placed in order of preference. The name is reserved for 60 days after it is approved by ministry.

4. SPECIAL RESOLUTION

Members of the company shall approve the proposed name of the company through passing special resolution in the extra-ordinary general meeting.

5. E-FORM FILING

After the special resolution is passed, forms for changing name of the company must be filed with MCA. E-form MGT- 14 is required to be filed to intimate that special resolution has been passes and E-form INC- 24 shall be filed for central government approval of the proposed name.

6. ISSUANCE OF FRESH CERTIFICATE OF INCORPORATION

If the registrar is satisfied with the application and documents furnished with it, he can approve the application and issue a fresh certificate of incorporation with a new name. So, the process of how to change company name in India is completed and effective only after the issuance of fresh certificate of Incorporation.

After the issue of fresh COI, company shall display previous name of the company along with new name of the company for a period of 2 years. Also, public notice regarding change of name of shall be published in 2 newspapers, English and one vernacular language newspaper.

Therefore, now we know answer to how to change company name in India of one person company.

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