I receive a question on Quora which may interest readers of this Blog. The question is –
My reply is as under –
Law related name of a company is governed with Section 4 of the Companies Act 2013 read with Rule 8. Under present law, there restriction related to inclusion of word “India” has been removed with effect from 1st April 2014.
In name of a company, India can be added in the name of any company, not necessary is to be a government companies. Coca Cola India Limited is one good example. Coca Cola India Private Limited is neither promoted by Indian Government nor by any Indian Citizen. It is wholly owned subsidiary of a foreign company and its name suggest so. Molson Coors India Private Limited may be one good example.
However, Inclusion of any word, not only “India” is not so simple and inclusion of word “India” needs extra precaution. It depends upon what is status of the company.
In case a foreign company is promoter of an Indian company and require its name with word “India”, this is quite simple. In such case name may be, <Foreign company name> <India> <(private) Limited>. Applicant foreign company shall attach a letter along with its board Resolution to Form INC – 1, which is form for reservation of name. Where a company is pretty sure for availability of its name, it may opt for Form INC – 32.
Any Indian citizen and entity may also apply name of a company with word “India” in its name. As mentioned above, there is no restriction on such inclusion. Ministry shall ask applicant what is significance of word India in its proposed name.
Ministry of Corporate Affairs shall check proposed name (words other than India) not only in its own database but also from other sources. This will to ensure protection of trade name, brand name and trademarks registered in India and outside India.
In case of existing Indian company, procedure for change of name shall apply along with application in Form INC – 1.
Words “British India” shall not be available. Word “India” with any other country name shall be made available with permission of both governments. Any name suggesting company is related to government scheme , shall not be allowed.
In case of company to be incorporated outside India, usually local authorities shall ask for proof of relationship of proposed/ existing company with India.
Readers may reach original reply written here.