Change of name of a director may happen due to several reasons. A director must register the change in his name under the Companies Act. In this brief post, we will discuss the same.
We can change the name due to marriage, change of religious belief, wish to remove or add a surname, own wish, Astrology, numerology, gender change or even to the adopted culture of your migrated place or show off your cultural roots.
We may change our official name any time before death. Unlike your nickname, pen name, screen name, change of your official name involve the law of the land.
The change of name of a person, including a director is not under the jurisdiction of the Companies Act. A person can change the name as per civil law applicable to the person.
Change of name of a person
The change of name involves only three steps:
- Affidavit;
- Public Notice
- Gazette Notification
- Correction in all identity proof.
Affidavit
One needs to visit a local notary public for an affidavit. The notary on the affidavit shall mention your present and the new name, address and reason to change the name.
For better understanding and identification mention your identification documents like PAN, UID and Passport number on the affidavit. The affidavit should be witnessed by two withness. Please keep your affidavit in safe custody as it may help your family or historians years after your death.
Public Notice
The public notice for change of name should be published in two newspapers having circulation in your district of residence – one should be in your local language and another in English newspaper. The advertisement should contain your earlier and present name, address and address.
Gazette Notification
The publication in the gazette is not mandatory but advisable step. Gazette is an official publication of the Government and creates a parmanent state record of the change.
For publication, send a copy of your affidavit and newspaper cuttings to the Department of Publication along with your draft advertisement for the gazette. The official details for the publication are hosted here.
Correction in Identification Documents
Now, apply for the correction of name on your PAN, UID, Passport, Driving License, Employment records.
REGISTER THE CHANGE OF NAME UNDER THE COMPANIES ACT
You need to file form DIR – 6 with the help of a Company Secretary. On approval, the record in your DIN database with the Ministry of Corporate Affairs will change.
You need the following documents:
- Updated PAN;
- UID/Passport/Driving License
- Address Proof – Mobile or telephone bill, Bank statement
All these documents should mention your new name. The company secretary or other practising professional shall attest all these documents with this stamp, membership number, practising number. The copies of attested documents shall be attached with the Form. The most crucial part is the verification of name and PAN with PAN database. Before filing the DIR-6, please verify your PAN Details here.
Digital Signature
The Form DIR-6 requires the signature of the applicant using digital signatures.
The applicant should have an existing and valid digital signature with the earlier name. The digital signature should already be registered with MCA portal well before the change of name in PAN and DIN records. In case you are using digital signatures issued with a new name, it may not register with MCA database because of name mismatch.
Once the ministry approves the Form DIR-6, your new name shall be there on Director Master Data. The new name shall immediately display on Company Database of all companies in which you are a director.
Aishwarya Mohan Gahrana
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