INC – 1


 Reservation of Name 

  • eForm INC-1 is required to be filed pursuant to Section 4(4) of the Companies Act, 2013 and Rule 8 & 9 of Companies (Incorporation) Rules, 2014.
  • An applicant seeking reservation of name for a proposed company or an existing company seeking to change its name shall make an application to Registrar in which the registered office of the company is situated or to be situated. User may apply for reservation of name by filing eForm INC-1. In case of new company, the applicant can propose six names for the company.
  • An existing company can also propose six names and change its name subject to special resolution and approval of Central Government. The proposed name applied should not be undesirable as per the relevant provisions of the Act and rules dealt with in this matter.
  • The Registrar may on the basis of information and documents filed as an application in this eForm, reserve the name for a period of sixty days from the date of the application.
  • In case you are filling the eForm for application for Incorporation of a new company, then you need to fill the Part A, B and C of the eForm.
  • In case you are filling the eForm for change of name of an existing company, then you need to fill the Part B, C and D of the eForm.
  • Enter an approved DIN in case the applicant has been allotted DIN else enter valid Income tax permanent account number (PAN) or passport number of the applicant.

 PART – A Reservation of name for incorporation of a new company

  • Select the class of the proposed company.
  • Select the sub-category of proposed company.
  • Select the state and office of the Registrar of Companies in which the proposed company is to be registered.
  • Enter the number of promoter(s).
  • In case the promoter is an Individual, enter either approved DIN or valid Income-tax PAN or passport number.
  • In case promoter is a company or a foreign company under section 379, enter the corporate identity number (CIN) or foreign company registration number (FCRN) respectively.

 PART – B

  • Enter the proposed name (in order of preference).
  • Please state the significance of the key or coined word used in the proposed name. It should mention why such word cannot be done without in the name.
  • If the proposed name is or has used any word in any vernacular language eg: Hindi, Marathi, Tamil etc., then please mention the language.
  • Enter appropriate response whether proposed name is in resemblance with any class of Trade Mark Rules, 2002.
  • In case proposed name is similar to any existing company, user is required to specify CIN of such existing company and system will pre-fill the name of the company.  In case of foreign holding company, name of the foreign holding company is required to be mentioned.

 Part – C Names requiring Central Government approval

This form shall be treated as an application to the Central Govt. for approval where the proposed name includes such words or expressions like Board, Commission, Authority, Undertaking, National etc. for which the previous approval of Central Government is required.

 Part – D Reservation of name for change of name by an existing Company

User is required to furnish a copy of certificate of change in objects in case change in name of existing company requires change in objects and ensure that eForm MGT-14/old eform23 must have been filed with RoC along with altered Memorandum of Association.

 Attachments:

  • In case of change of name of an existing company, a copy of Board resolution; a certified true copy of board resolution is required to be attached in case eForm is filed by an existing company.
  • A copy of direction received from the Central Government for change of name is required to be attached.
  • In case the proposed name(s) are based on a registered trademark or is a subject matter of an application pending for registration under the Trade Marks Act, 1999, the approval of the owner of the trademark or the applicant of such application for registration of Trademark;
  • Order of tribunal as required in Rule 8(8). Order of Tribunal in course of compromise, arrangement and amalgamation is required to be attached in case proposed name is the name released on change of name.
  • Copy of Central Government’s approval In case the proposed name contains such word(s) or expression(s) for which the approval of Central Government is required,
  • Proof of relation is required to be attached if the proposed name(s) include(s) the name of relatives.
  • Approval from IRDA, RBI, SEBI, MCA or any other needs to be attached in case proposed name includes the word such as Insurance, Bank, Stock Exchange, Venture Capital, Asset Management, Nidhi, or Mutual Fund etc.
  • No objection certificate from the sole proprietor/partners/other associates needs to be attached if the promoters are carrying on any partnership firm, sole proprietary or unregistered entity in the name as applied for.
  • In case the name is similar to any existing company or to the foreign holding company. Then, a certified true copy of No objection certificate by way of board resolution needs to be attached.
  • If the proposed name including the phrase ‘Electoral trust’ Then, affidavit executed on non-judicial stamp paper as per rule 8(2) (b) (vi) needs to be attached.
  • Resolution of unregistered companies in case of Chapter XXI (Part I) companies;
  • In case the key word used in the proposed name is the name of a person other than the name(s) of the promoters or their close blood relatives, no objection from such other(s) is required to be attached.

 Fees: Rs. 1,000/-

 Please note: I welcome your comments and feedback. This blog post is not a professional advice. Readers may share this post on social media by using buttons given here.

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4 responses to “INC – 1

  1. how to get previous approval of central govt. which form to be filed for that pls ans as soon as possible

    Like

  2. Pingback: Index of Companies Law Posts | AishMGhrana

  3. Pingback: Amended Form INC – 7 (W.E.F. 1 May 2015) | AishMGhrana

  4. Pingback: Amended Form INC – 22 (W.E.F. 1 May 2015) | AishMGhrana

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