A group of persons desirous of forming a company wants to know the procedure for getting the name of the company approved by the Registrar of Companies. Advise the group about the e-form to be used and the procedure to b

As per section 4(4) of Companies Act, 2013 read with Rule 9 of the Companies (Incorporation) Rules, 2014, an application for the reservation of a name shall be made in Form No. INC. 1 along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014. Promoters may to propose up to six names in order of procedure for the proposed company and secure the name availability by making an application to the Registrar of Companies of the State in which they want to have the proposed company incorporated. The proposed name should not be undesirable name in terms of Rule 8 of Companies (Incorporation) Rules, 2014. While applying for a name in the Form INC -1, using Digital Signature Certificate (DSC), the applicant shall be required to verify that: He is a promoter (proposed first subscriber to the MoA) and is authorised by the other proposed first subscribers to sign and submit the application. He has gone through the provisions of Companies Act, 2013, the Rules there under and prescribed guidelines framed there under in respect of reservation of name, understood the meaning thereof. He has used the search facilities available on the portal of the Ministry of Corporate Affairs (MCA) i.e., www.mca.gov.in/MCA21 for checking the resemblance of the proposed name(s) with the companies and Limited Liability Partnerships (LLPs) respectively already registered or the names already approved. He has also used the search facility for checking the resemblances of the proposed names with registered or applied trademarks. The proposed name(s) is/are not in violation of the provisions of Emblems and Names (Prevention of Improper Use) Act, 1950 as amended from time to time; The proposed name is not offensive to any section of people, e.g., proposed name does not contain profanity or words or phrases that are generally considered a slur against an ethnic group, religion, gender or heredity The proposed name(s) is not such that its use by the company will constitute an offence under any law for the time being in force. He has complied with all the mandated requirements of the respective Act/ regulator, such as IRDA, RBI, SEBI, MCA etc. (applicable only in case proposed name includes words like Insurance, Bank, Stock Exchange, Venture Capital, Asset Management, Nidhi, Mutual Fund, Finance, Investment, Leasing, Hire purchase etc. or any combination thereof) To the best of his knowledge and belief, the information given in the application and its attachments is correct and complete, and noting relevant to this form has been suppressed. He undertakes to be fully responsible for the consequences, in case the name is subsequently found to be in contravention of Section 4 of the Act, rules made there under and the prescribed guidelines. Following documents have to be attached to INC - 1: Copy of Board resolution of the existing company or foreign holding company as a proof of no objection. Copy of direction from Central Government, if name is changed due to direction received from the Central Government. Trademark or authorisation to use trade mark, if the name of the company is based on trade mark or application for deed of assignment or a copy of application of registered trademark. In case the proposed name contains such word or expression for which the approval of Central Government is required, a copy of Central Government's approval. Proof of relation. In principal approval from the concerned regulator wherever is applicable. NOC from sole proprietor/partners/ other associates. NOC from existing company. Copy of affidavit in case of proposed name includes phrase 'Electoral Trust' Resolution of unregistered companies in case of Chapter XXI (Part I) companies. Order of competent authority. NOC as required in Rule 8(4) The name, if made available to the applicant, shall be reserved for sixty days from the date of approval. If, the proposed company has not been incorporated within such period, the name allotted shall lapse and will be made available for other applicants.