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About of Service

1. Consultation and Advisory:

Legal Advice: Providing guidance on the legal implications and procedures for changing the company's name, including ensuring that the new name complies with regulatory requirements and doesn’t infringe on existing trademarks.
Regulatory Guidance: Advising on the specific requirements and processes involved in changing the name, including the necessary approvals from regulatory bodies.

2. Document Preparation:

Name Change Application: Drafting the application for changing the company’s name, including the required forms and supporting documents.
Board and Shareholders’ Resolutions: Preparing and drafting the resolutions required to approve the name change at both the board and shareholder levels.
Updated MOA and AOA: Modifying and preparing the Memorandum of Association (MOA) and Articles of Association (AOA) to reflect the new company name.

3. Regulatory Filing and Submission:

Application Submission: Handling the submission of the name change application and related documents to the RoC or equivalent regulatory authority.
Follow-Up: Managing any follow-up communications with the RoC to address queries or additional requirements and ensuring that the application is processed efficiently.

4. Compliance and Approvals:

Name Availability Check: Conducting a name availability search to ensure the proposed name is not already in use or registered by another entity.
Approval Process: Securing necessary approvals from regulatory authorities, including obtaining a name change certificate from the RoC.

5. Corporate Governance:

Governance Updates: Advising on changes to corporate governance policies and procedures that may be required due to the name change.
Stakeholder Communication: Assisting with communication strategies to inform stakeholders, including clients, suppliers, and employees, about the new company name.

6. Implementation and Record Updates:

Implementation Support: Assisting with the practical aspects of implementing the name change, such as updating business stationery, websites, and legal documents.
Record Maintenance: Updating official records, including the company's registration details, share certificates, and other legal documents to reflect the new name.

7. Legal and Financial Implications:

Impact Analysis: Evaluating the legal and financial implications of the name change, including potential impacts on contracts, trademarks, and branding.
Tax and Accounting Adjustments: Advising on any necessary adjustments to tax registrations, accounting records, and financial statements due to the name change.

8. Post-Change Support:

Review and Audit: Conducting a review or audit after the name change to ensure that all records and documents are updated correctly and that there are no compliance issues.
Ongoing Support: Providing ongoing support to address any issues or additional requirements that may arise following the name change.

Uses and Benefits

Consultation and Advisory: Provide expert legal and regulatory advice on the name change process and requirements.
Document Preparation: Draft and prepare all necessary documents, including application forms, resolutions, and updated MOA/AOA.
Regulatory Filing and Submission: Manage the submission of the name change application and related documents to the RoC, including follow-up for processing.
Compliance and Approvals: Conduct a name availability search and secure necessary approvals from the RoC, obtaining the official name change certificate.
Corporate Governance: Advise on updates to corporate governance policies and assist with communicating the name change to stakeholders.
Implementation and Record Updates: Support the practical aspects of updating business documents and records to reflect the new name.
Legal and Financial Impact Analysis: Assess and address the legal and financial implications of the name change, including updates to contracts and tax records.

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Charges Structure & Our Scope of Work

Additional Disclosure

1. Reason for Name Change

Justification: A clear explanation for the change in the company’s name, including any business reasons, rebranding initiatives, or strategic objectives behind the decision.

2. Resolution Details

Board Resolution: Copy of the board resolution or meeting minutes where the decision to change the company name was approved by the Board of Directors.
Shareholder Approval: If applicable, details of any shareholder resolution or special resolution passed at a general meeting authorizing the name change.

3. New Name Details

Proposed Name: The new name of the company, including any proposed variations or abbreviations.
Availability Check: Evidence that the new name has been checked and approved for availability by the RoC, including any name approval letters or certificates.

4. Documentation Submission

Form Filing: Submission of relevant forms with the RoC, such as Form INC-24 (for approval of the change of name) or any other required forms as per local regulations.
Updated Memorandum of Association (MOA): Revised MOA reflecting the new name, including any required amendments to the company’s objectives or other details affected by the name change.

5. Compliance with Legal Requirements

Regulatory Compliance: Confirmation that the name change complies with all legal and regulatory requirements, including adherence to naming conventions and prohibitions set by the RoC.
Legal Status: Information about the legal status of the company’s name change, including any necessary approvals or registrations.

6. Notification to Stakeholders

Stakeholder Communication: Details of how stakeholders, including clients, suppliers, employees, and other business partners, are being informed about the name change.
Public Notice: Information about any public notices or announcements made regarding the change, including publication in newspapers or official gazettes if required.

7. Update of Records

Corporate Records: Update of corporate records, including the company’s registration documents, business licenses, and other official documents reflecting the new name.
Trademark and Intellectual Property: Disclosure of any necessary updates to trademarks or intellectual property registrations to align with the new company name.

8. Financial and Legal Documents

Bank Records: Update of the company’s bank accounts and financial records to reflect the new name.
Legal Contracts: Review and update of existing legal contracts, agreements, and official documents to incorporate the new name.

9. Name Change Certificates

Certificate of Incorporation: Submission of the updated Certificate of Incorporation reflecting the new name, once issued by the RoC.
Document Verification: Verification of all documents and certificates related to the name change for accuracy and completeness.

10. Transitional Arrangements

Transition Plan: Details of any transitional arrangements to ensure a smooth changeover from the old name to the new name, including handling of existing communications and branding.

11. Contact Information

Point of Contact: Contact information for company representatives who can provide additional details or address any queries related to the name change.

Terms & Conditions

Documents & Detail Required

1. Board Resolution:

Document: A formal resolution passed by the Board of Directors approving the proposed change of name.
Purpose: To document the board's consent for the name change.

2. Shareholders' Resolution:

Document: A resolution passed by the shareholders approving the name change, usually in the form of a special resolution.
Purpose: To obtain shareholders' approval, which is often required for significant changes like a name change.

3. Name Change Application Form:

Document: The prescribed form (e.g., Form INC-1 in India) for applying to the RoC for the name change.
Purpose: To officially request approval for the new company name.

4. Drafted New MOA and AOA:

Document: Updated versions of the Memorandum of Association (MOA) and Articles of Association (AOA) reflecting the new company name.
Purpose: To ensure that the company’s foundational documents are aligned with the new name.

5. Name Availability Certificate:

Document: A certificate or letter confirming the availability of the proposed new name, often obtained through a name search or reservation.
Purpose: To confirm that the new name is not already in use or registered by another entity.

6. Updated Corporate Documents:

Document: Any other updated documents that reflect the new company name, such as share certificates, business licenses, or contracts.
Purpose: To ensure all corporate documents are consistent with the new name.

7. Proof of Payment:

Document: Evidence of payment for any applicable fees associated with the name change application.
Purpose: To confirm that all required fees have been paid.

8. Identity and Proof Documents:

Document: Identification and address proof of directors or authorized persons handling the name change process.
Purpose: To verify the identity of individuals involved in the application.

9. Covering Letter:

Document: A letter addressed to the RoC requesting the change of name and summarizing the enclosed documents.
Purpose: To formally request the RoC to process the name change and provide a summary of the submission.

10. Board Minutes:

Document: Minutes of the board meeting where the decision to change the name was made.
Purpose: To provide a formal record of the board's decision

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OUR REVIEW

FAQ'S

1. What is involved in changing a company's name?

Changing a company’s name involves obtaining approval from the Board of Directors and shareholders, preparing and submitting an application to the RoC, updating the Memorandum of Association (MOA) and Articles of Association (AOA), and implementing the new name across all business documents and records.

2. Why would a company need to change its name?

A company might change its name to reflect a new business direction, enhance branding, comply with legal or regulatory requirements, or due to mergers and acquisitions.

3. What documents are required for a name change?

Required documents typically include board and shareholders' resolutions, the name change application form, updated MOA and AOA, a name availability certificate, proof of payment for fees, and any additional regulatory forms.

4. How do I check if the new name is available?

You can conduct a name availability search through the RoC’s online portal or equivalent regulatory authority to ensure the proposed name is not already in use or registered.

5. What is the process for submitting a name change request to the RoC?

The process involves preparing and submitting the name change application along with the required documents to the RoC, followed by follow-up to ensure processing and address any queries from the RoC.

6. How long does it take to complete the name change process?

The duration can vary but generally takes a few weeks to a few months, depending on the complexity of the change and the efficiency of the RoC's processing

7. What happens if the name change application is rejected?

If the application is rejected, you will need to address the reasons for rejection, revise the application or documents as necessary, and resubmit for approval.

Change in Name and Submission with RoC