MCA provides clarity on availability of name; proposes amendments to the Companies (Incorporation) Rules, 2014; suggestions invited within 31st December,2018

The Ministry of Corporate Affairs has issued a notice inviting comments on the proposed amendment in the Companies (Incorporation) Rules, 2014 regarding name availability under rule 8 of the Companies (Incorporation) Rules, 2014.

Rule 8 states the grounds on which the differences between the proposed name and existing names of companies is disregarded has been amended and is attached as an Annexure-A to this notice.

This amendment intends to bring more clarity to the rules related to name availability by:

(i) inclusion of illustrations in the rules;

(ii) providing a clear test to determine as to whether the applied name resembles too nearly with the name of an existing company; and

(iii) bringing more clarity in the rule related to “general names”/descriptive names and trademark applicability;

The MCA invites Suggestion/Comments on the proposed amendments along with justification by 31st December, 2018 through email at reservation.name@mca.gov.in .

The format in which it must be sent has been provided in the notice.

Key Highlights

  • Illustrations have been provided for every matter which is disregarded for Names which resemble too nearly with the name of an existing company
  • The Draft Amendment also provides illustrations for each of the basis of Undesirable names
  • The Draft Amendment provides the list of Word or expression which can be used only after obtaining previous approval of the Central Government.

For a detailed read on the Draft Amendment, please refer to the attachment

Source: Ministry Of Corporate Affairs

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