As per Section 13 of the Companies Act 2013, a company may change its name by passing a special resolution in general meeting and receiving approval from the Central Government.
A special resolution will be filed with RoC within 30 days of passing the resolution. With it, Form MGT-14 will also be filed which contains the details about special resolution. Following documents are submitted with MGT-14:
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If the Registrar of Companies is satisfied with the documents, it will issue a new certificate of incorporation.Company name change process isn’t completed until the new certificate of incorporation is issued by the RoC.
Once the new certificate of incorporation is received from RoC, the company name must be incorporated in all the copies of MOA and AOA.
A board meeting should be called for passing a resolution to change the company name. In the meeting, the board of directors will discuss and approve the change in name, authorizing a Director.
Board of directors will call Extra-Ordinary General Meeting for passing a special resolution.
A special resolution will be filed with RoC within 30 days of passing the resolution. With it, Form MGT-14 will also be filed which contains the details about special resolution.
INC-24 will be filed after MGT-14 is filed since INC-24 specifically asks for SRN of MGT-14 filed with RoC.
SRN of RUN Form also needs to be mentioned in INC-24. Along with INC-24, a copy of the minutes of Extra-Ordinary General Meeting where the special resolution was passed, also needs to be submitted.
In INC-24, reasons of the name change, details about the number of members who attended the EGM, number of members voting in favor/ against the resolution, and percentage of shareholding are also mentioned.
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