HOW TO APPLY FOR NAME AVAILABILITY
Foreign Company Registration
Post Incorporation Compliance
Firstly, every person desirous of incorporating a company needs to decide a few names in the order of preference. Thereafter, an application in the prescribed form (i.e. Form No.1A) needs to be filed (on-line) with the ROC. The application shall contain maximum 6 names in the order of preference, significance of names proposed with the proposed company, brief description on the main objects, authorized capital, promoter names (with DIN). ROC officials check the Name Approval Application form as per the prescribed guidelines and upon satisfaction, ROC approves the name and reflects the approval online on the MCA portal.
Documents and Information Required
The following information is required for the purposes of Form 1A:
- Full names, occupation and complete address of the applicant who should be one of the initial shareholders of the proposed company;
- Full names, complete address and PAN / DIN / CIN / registration number of the 2 initial shareholders (subscribers to the Memorandum of Association) – a minimum of 2 shareholders /subscribers are required in case of a private company and 7 for a public company;
- DIN of promoter directors (at least 2 directors required)
- DSC of any one promoter director for signing the form
- Amount of authorized capital size
- Name of the city and state in which the proposed company is to be registered.
- At least one suitable name and up to a maximum of six names, indicative of the main objects of the company.
- Brief description on main objects of proposed company.
- In case of the proposed name is similar to the parent company, copy of Directors/Members meeting resolution is also required giving its no objection to such usage and a NOC certificate.
Approx 2-6 days
- If any of the initial shareholders are bodies corporate, a copy of a board resolution is required granting approval for incorporation of a company in India and nominating individuals resident in India on their behalf to do the necessary acts including signing of MOA and AOA on behalf of the company.
- If any of the initial shareholders is a foreign body corporate, the board resolution as stated hereinabove and the NOC etc. would require notarization from the notary public and consularisation from the Indian Embassy prior to being sent to India.
- To check the name on MCA, open tab CHECK company name from the web site of MCA.
- Enter the name of the company and your main commercial activity in activity type. For e.g. for software development business enter “software” or “technology” in activity type. it's not mandatory to enter commercial activity but it shows the accurate results.
- On clicking search, it'll show all the results with an identical name. If the name is out there it'll show a mistake as “Entered Company/LLP name doesn't exist”.
- One should check the name by entering only the primary or first two words.
- As per rules, the name must not resemble with trademark except the owner of a trademark provides NOC to use such name. Hence the name must even be checked on trademark portal.
- One must know the trademark class for goods and services to see the supply under the trademark.
- Open trademark search from the trademark portal and enter the name and sophistication .
- One must check by selecting “phonetic” also as MCA also compares phonetically similar names.
Steps to Checking company name availability
Process to check availability of name of the company
The name must be checked on MCA portal also as Trademark portal.
One can apply the name with MCA if the name seems available. If the name is most original then one can directly apply name within the shape of incorporation of the corporate . But if the probabilities of availability of name are less then the separate name application are often filed. during a name application, one can apply for max two names. If MCA doesn't approve any of the names then the applicant will get another chance to use the opposite two names.