Rectification of Name of Company | Section 16 | Companies Act, 2013

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Rectification of Name Of Company

Section 16 of the Companies Act, 2013 talks about the Rectification of the name of the Company. Section 458 of the Companies Act, 2013 empowers the Central Government to delegate its powers and functions to the Regional Director or the Registrar of Companies wherever required.

Section 16: Rectification of Name of the company

If through inadvertence or otherwise, on company registration or on its registration by a new name, is registered by a name which is:-

By Central Government:

In the opinion of CG, The Name of the company is identical with or too nearly resembles the name of an existing company registered under this Act or any previous company law.
CG may direct the company to change its name and the company shall change its name (means original name) or new name (in case the company changes its name).
Within a period of 3 months from the issue of such direction by adopting Ordinary Resolution.
Where a company (This company is respondent company for e.g in case of Jio as handle we filed INC-28 within 30 days from the order because applicant company changes its name or obtains a new name it shall within 15 days from the date of such change, give notice of the change to the Registrar along with the order of the Central Government, who shall carry out necessary changes in the certificate of incorporation and the memorandum.
Procedure:
Step: 1 CG opinion that the company having identical or too nearly resembles name.
Step: 2 CG may give direction to the company to change its name.
Step: 3 Within 3 Month company shall conduct meeting/Postal Ballot and pass an ordinary resolution for change of the name and this name shall not identical or too resembles the name of an existing company.
Step: 4 Notice to ROC along with CG order, within 15 days from passing an ordinary resolution. (Form INC-28)
By Registered Proprietor of Trade Mark:
on an application by a registered proprietor of a trademark that the name is identical with or too nearly resembles to a registered trademark of such proprietor under the Trade Marks Act, 1999, made to the Central Government within three years of incorporation or registration or change of name of the company, whether under this Act or any previous company law, in the opinion of the Central Government, is identical with or too nearly resembles an existing trademark, it may direct the company to change its name and the company shall change its name or new name, as the case may be, within a period of six months from the issue of such direction, after adopting an ordinary resolution for the purpose.
Step Wise Procedure:
Step: 1 Application (Within 3 Years from the date of Incorporation or change in the name) by the registered proprietor of a trademark to CG (Form RD-1)
Step: 2 in the opinion of CG then CG may give direction to the company to change its name.
Step: 3 Within 6 Month from direction company shall conduct meeting/Postal Ballot and pass an ordinary resolution for change of the name and this name shall not identical or too resembles the name of an existing company.
Step: 4 Notice to ROC along with CG order, within 15 days from passing an ordinary resolution.
Required Forms:
RD-1: (Only Applicant company) (Attachments: Application, Master data of the respondent company, Financials, Affidavit verifying application, Power of attorney)
INC-28: (Both Companies) (Attachments: RD Order)

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