Company Name Search
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Incorporation is the formation of a new corporation/ company (a corporation being a legal entity that is effectively recognized as a person under the law). The corporation may be a business, a non-profit organization, a startup, or a micro small, or medium-scale business. MCA regulates corporate affairs in India through the Companies Act, of 1956, 2013, and other allied Acts, Bills, and Rules. MCA also protects investors and offers many important services to stakeholders. The Ministry is primarily concerned with the administration of the Companies Act 2013, the Companies Act 1956, the Limited Liability Partnership Act, 2008 & other allied Acts and rules & regulations framed there-under mainly for regulating the functioning of the corporate sector by the law.
Guidelines for choosing your Company Name
- Identical or Similar
The name which you choose should not be identical or similar to the existing names neither by words nor phonetically. In case such a name is found, it can be considered an offense. A name should contain a noun and an activity word that reflects the business which is carried. Company name search procedure helps you to avoid such mistakes. The name of the company is a unique component. A name once registered won’t be allocated to another company. This name needs to be descriptive For example if the company is a finance company, the word “Finance” should be included in the name. This word describes the nature of the company. So if the company is in the logistics or restaurant business it cannot have “Finance” in the name.
- Regulatory approval: The name of the company which has words like insurance, bank, stock, exchange, venture capital, asset management, mutual fund, etc may require regulatory approvals from RBI, SEBI, IRDAI, etc.
- Trademark: The applicant is requested to do a Trademark search to ensure that the name which is chosen by a firm does not exist. This process avoids duplication. The proposed company name cannot infringe on a registered trademark or an application for registration of a trademark unless the consent of the registered trademark owner or trademark applicant is submitted along with the name approval application.
- Authorized capital: Company names that include words like International, Globe, Continental, Asiatic, Asia, Industries, Udyog, Hindustan, India, Bharat, enterprises, products, business, etc should have a minimum authorized capital of Rs.5 lakhs and above.
Choose relevant name
A name should consist following do’s and don’ts:
- A word that gives a glimpse idea about the company should be mentioned.
- A name should be unique to avoid duplication or offense.
- In the case of PVT LTD, the name should have this abbreviation at the end.
- A name should not be offensive.
- The plural version of any existing name will not be applicable.
- Separating and joining different names to make similar can be considered as one company.
- The usage of different tenses or numbers will not be counted as another name.
- Block your domain name
- An applicant must make a different domain name, therefore you should block your domain name to avoid duplication.
Process for company name search & How we can help?
Following are the means to Check Company Name Availability Online
- Step 1:- Go to http://www.mca.gov.in/ site then go to the MCA services option.
- Step 2:- In company services click on check company name.
Conducting a Preliminary Search: We can conduct a preliminary search to identify potential conflicts with existing company names, trademarks, or other registered entities. This can help in avoiding potential legal issues that may arise due to the similarity of the proposed name with an existing one.
Conducting a Comprehensive Search: We can conduct a comprehensive search to ensure that the proposed company name is not identical or similar to any existing company name or trademark in the relevant jurisdiction. This can help in minimizing the risk of trademark infringement claims or legal disputes.
- Step 3:- Enter the name of the organization and the activities that a company is going to carry and click on the “Search button”.
Advising on Name Availability: Based on the results of the search, We can advise on the availability of the proposed name and the likelihood of it being accepted by the Registrar of Companies. We can also suggest alternative names that are more likely to be approved and comply with the legal requirements.
- Step 4:- After that the MCA will provide the names of the existing companies with that word or if the proposed name is unique then MCA will generate the message that the Entered Company/LLP name does not exist.
Evaluating Legal Compliance: We can evaluate the proposed company name against the legal requirements for naming a company, such as the Companies Act, 2013, and the guidelines issued by the Registrar of Companies. This can help in ensuring that the proposed name complies with the legal requirements and is not likely to be rejected during the company registration process.
Suggestions for selecting the unique name of the company:-
- A combination of the proposed director’s names makes a unique name.
- Use of words of the regional language.
- A combination of 2- 3 names results in a unique name.