NAME GUIDELINES FOR PRIVATE LIMITED COMPANY REGISTRATION

Selecting the Name for Private Limited Company

In India, for Private Limited Company Registration, the selection of the name of the Company is an imperative task and most decisive as it signifies and gives recognition to the Company. The name of the company should be unique and adhere to Rule 8 of Companies (Incorporation) Rules, 2014 along with the Companies Act, 2013 which lays down the MCA name availability guidelines (MCA naming guidelines) for the companies which are newly incorporated under MCA.

These are the guidelines for selecting a name for private limited company registration:

1. Unique Name – The proposed name should be distinctive and not identical to any of the existing names of the Company registered with the Ministry of Corporate Affairs (MCA) or registered trademark name. The proposed name should reflect and accord with the industry or business line.

To ensure the name is unique as  per the MCA Naming Guidelines, ensure that:

• Simply joining or separating words from an existing name.

e.g.: – NBC Life Private Limited (existing name), the proposed name ‘NBC Life Private Limited’ or ‘NBC Life Private Limited’ will not be permitted.

• Using different combinations of the same words to make it unique.

e.g.: NBC Life Private Limited (existing name), then Life NBC Private Limited will not be permitted.

• Adding different titles or common names such as Shri, Om, Shree, Jai, Sai, The, new, Shree, etc.

e.g.: NBC Life Private Limited (existing name), then NBC Life Private Limited or Shri NBC Life Private Limited will not be permitted.

• Avoid modification of the name by adding a different tense.

e.g.: NBC Life Private Limited (existing name), then: NBC Lives Private Limited is not permitted.

• Variations in the spelling were intentionally added to make it unique.

e.g.: NBC Life Private Limited (existing name), then NBC Lifeee Private Limited is not permitted. 

• Plural forms or singular names should not be permitted.

e.g.: NBC Life Private Limited (existing name), then NBCs Life Private Limited will not be permitted.

• Modification by adding the name of the location or any place.

e.g.: NBC Life Private Limited (existing name), then NBCs Life India Private Limited will not be permitted.

• Spacing between the letters and changes of letter case is not permitted.

e.g.: NBC Limited (existing name), then N.B.C Limited or NBC Limited will not be permitted.

• Generic names which contain the name of the continent, state, country, and city will not be permitted. e.g.: Silk and Textiles Limited.

Hence, addition, deletion, modification, or usage of the above or any abbreviations, different phonetic spellings, hostname (www, net, org), translations of Hindi or English words, adding the name of any place between the name of an existing name, misspelled words added intentionally to make it unique, using numbers of the same word, modification of any letter case, Punctuation marks, variation in spelling, etc. all these above will not make the name unique or shall not be permitted.

2. Desirable Name – The proposed name should not be offensive to any region, in the opinion of the law, or in any manner. The name of the Company should signify the objectives of the business and its activities.

The proposed name would be considered undesirable if tampered with any of the below-given conditions:      

• The suggested name should be within the ambit of section 3 of the Emblems Act, 1950, and accord to the main business activities and objects of the Company.

•  The name should not be similar to any registered trademark name or any trademark name which is in the process of getting registered unless the applicant/owner’s consent has been obtained.

• The proposed name identical to the name of the Company which has been struck off under Section 248 of the Companies Act, 2013 shall not be allowed.

• The proposed name is identical to the name of the Company which has been dissolved as a result of the liquidation. The name shall not be permitted before the expiry of 20 years from the announcement in the Official Gazette of struck off date.

• The proposed name implicating or personifying any patronage of a National person or important positions in Government or including the word ‘British India’ will not be allowed.

• The proposed name using the word ‘State’ will be allowed only with respect to Government Companies.

• The proposed name it contains the word ‘Mutual fund’ ‘Insurance’, ‘Venture Capital’, ‘Stock Exchange’, ‘Bank’, ‘Asset Management’, ‘Nidhi’, ‘etc, the applicant must submit a declaration stating that all the mandate rules and regulations have been satisfied and adhered to as stated by regulators respectively, such as RBI, SEBI, MCA, IRDA, etc.

• In cases where the main business activity of the Company is leasing, financing, chit funds, investment, securities, or any of the above combinations, then a name suggestive or symbolic of such financial activities should be a part of the name. e.g.; Chit fund/Loan/ Investments etc.

Cases where Prior Approval of Central Government is needed:

The below lists the certain words/expressions if used or included in the proposed name that would require the approval of the Central Government.

Board, Commission, Authority, Undertaking, National, Union, Central, Federal, Republic, President, Small Scale Industries, Khadi and Village Industries Corporation, Rashtrapati, Financial, forest, Municipal, Panchayat, Development Authority, Prime Minister or Chief Minister, Minister, Nation, Forest corporation, Development Scheme, Statute or Statutory, Court or Judiciary, Governor, Bureau, Development Scheme or the use of word Scheme with the name of Government (s), State, India, Bharat or any government authority or in any manner resembling with the schemes launched by Central, state or local governments and authorities.

Quick Facts:

1. Application of Name Reservation through SPICe+ form: Once the proposed name reservation applied via filing the SPICe+ form using PART-A is approved on the MCA portal, the MCA will allow reservation of 20 days to the applicant to submit the other additional documents about PART-B of the web form and complete the incorporation process, unavailing would lead to an expiration of the proposed name and new name application has to filed in with an added fee.

2. Certain cases permitting extension of name reservation: Per Rule 9, extension is allowed up to 60 days on payment of web service fees SPICe+. The below table specifies the rules for extending the name reservation:

Application to be made before (Number of days)	Extension	Fee Amount
Expiry of 20 days from the date of approval of the web form	40 days	INR 1000
Expiry of 40 days (if 20 days extension is taken)	60 days	INR 2000
Expiry of 20 days from the date of approval	60 days	INR 3000

Conclusion

Accordingly, the MCA Naming guidelines encompass the guidelines and conditions to be met while selecting the proposed name of the Private Limited Company/OPC/LLP/Limited Company under the Ministry of Corporate Affairs (MCA). The name of the Company is the first impression leading to qualitative factors, building its brand, and differentiating it from competitors.

As, the name of the Company holds the identity of its legal entity which is a powerful thing, making it stand out in legal and all marketing aspects. Thus, please feel free to reach out to our experts at Compliance Calendar to understand and get assistance in having an appropriate name for your Company and registering it per the norms of the Act.

Thank you for giving your valuable time to read this article, if you still have any queries relating to Private Limited Company Registration in india or are looking to start your own private limited company then you may connect to our team of experts at info@ccoffice.in or call us at 9988424211 and we will be happy to help you to start your dream venture.