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Important Public Notice issued by Ministry of Corporate Affairs

This is in continuation of the Public Notice No. MCA21/28/2014-eGov dated 28th March, 2014 informing stakeholders of the availability of the new E- Forms prescribed under the Companies Act, 2013 from 14th April, 2014. After a careful review MCA has has decided that there could be a single phase roll-out instead of the earlier notified staggered roll out for convenience of all concerned. Accordingly, all E-Forms will be available for upload with effect from 28th April, 2014 instead of 14th April, 2014.

The Official Public Notice can be found here

Updated as on 16th April, 2014.

Procedure to change Company information/Name of Company

Once a Company (Private/Public) is registered with the Registrar of Companies, there could be instances wherein specific Company information needs to be updated with the ROC.

Following are some of those instances & the related procedure.

Procedure to intimate changes among managing director, directors, manager and secretary of a company.
A company can intimate changes among managing director, directors, manager and secretary of a company by filing Form 32 with ROC within 30 days from date of such change takes place.

Procedure to change Company Name
In order to change company name, Form 1A is required to file for name approval.

After the name gets approved, applicant is required to file form 23 (necessary resolution for alteration of MOA and AOA) and form 1B to give effect to change in name.

Procedure to change Object Clause of Memorandum Of Association (MOA).
In case company wants to change its object clause, it can do so by passing necessary resolution and the same needs to be filed in Form 23.

Procedure to change the Registered Office of the Company
In case company wants to change its registered office within local limits of the same city or place, intimation regarding the same has to be filed in Form 18.
Similarly, if company wishes to shift or change its registered office outside local limits of city, town or village, Form 23 and Form 18 are required to be filed to ROC to give effect to such change.
In case, company wants to shift the registered office from one state to another state, it needs to file following forms to give effect to such change. These forms are:
1) Form 23
2) File petition with CLB and intimate ROC in Form 61
3) Form 21 (Notice of the court or the company law board order)
4) Form 18 ( Notice of situation or change of situation of registered office)
If there is a change of registered office of the company within the state from the jurisdiction of one Registrar to the jurisdiction of another Registrar, Form 23, Form 1AD and Form 18 is required to file in this case.

Procedure to increase the Authorized capital of the Company
A company can increase its authorized capital by filing Form 5. Similarly, subscribed capital and paid up capital of the company gets increased on filing and approval of Form 2 (Return of allotment of shares).

Procedure to convert a Public company into a Private company
A public company can convert itself in to a private company by filing Form 23 (Alteration of MOA and AOA) and approval of Form 1B (Application for approval of the Central Government for conversion of a public company into a private company)

Procedure to convert a Private company into a Public Company
A Private company can convert itself in to a Public company by filing Form 23 for registration of such resolution passed by the company (Alteration of MOA and AOA) and filing of Form 62 (Prospectus as per Schedule II or Statement in lieu of prospectus as per Schedule IV)



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The information / articles & any replies to the comments on this blog are provided purely for informational and educational purposes only & are purely based on my understanding / knowledge. They do not constitute legal advice or legal opinions. The information / articles & any replies to the comments are intended but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as a legal advice or an indication of future results. Therefore, I can not take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented on this blog. You are advised not to act or rely on any information/article contained without first seeking the advice of a Practicing Professional.

30 thoughts on “Procedure to change Company information/Name of Company

  1. I want to change the name of a Private Company. Do I need to file 1B after filing 1A & 23? Is Form 1B applicable to a Private Limited Company?

  2. Hi Meenal,
    Pls guide me on following issue.
    A xyz solution pvt ltd want to changed the name now xyz staffing solutions and security service pvt ltd.
    company have only 2 Additional Director, and company has not filed it’ annual filing since 2009-10,
    issue is-
    1- what is the procedure for changed the name?
    2- who will be signatory of the company , because since 2009-10 Additonal Dir is continue on their position?

    3- whether before change name , pending ROC annual filling to be filed?

  3. I have wrongly mentioned one of the director name in AOA it is a typing mistake. Hoe do I rectified

  4. how can we change the date which fill in the form 2 return of allotment

  5. Please explain to me if In Form 1A if I select yes for whether the change in the name of co requires change in main object of the co, I have to write only the main object or it is necessary to explain reason behind it.

  6. What are the compliances to be followed by a private limited company who has changed it’s name?

    Nature of Company business: Restaurant sale

    • After change of name, the company shall be required to intimate to every Government department from which it has obtained registration such as Income tax, Service tax, local tax, change in company stationery- letter heads, visiting cards, website, invoice, receipt, share certificates.

  7. Very Informative website.

    I had a quick query.

    I am in the process of registering a company in Visakhapatnam, AP. But I might have my operations in Trivandrum, Kerala. Will I have to change my registered office to Trivandrum.

    We intend to sell a School ERP services across the country with our development center in Trivandrum.

    Any suggestion are welcomed.

    Thanks a ton.

    Sulip

  8. Dear mam,

    i want to alter the Mamorandum of Association of the company. is the new section of comopanies act 2013 is applicable or it is altered according to companies Act, 1956. I would request you to guide me for solution at your earliest.

  9. We had filled for 1A for name approval of New Company. while filing the form, we made spelling mistake in 1 of the proposed name. And the ROC approved the name in which there was a spelling mistake. How to rectify mistake or what is the suggested procedure for rectifying the name approved by ROC . MUMBAI

    • In your case, you have filed Form 1A and made spelling mistake in 1 of proposed name. After name approval from ROC, either you can go with the same name or make fresh application or incorporate the company with same name and later on make application for change of name. There is no provision of rectifying the mistake as per Law.

  10. Dear Madam,

    I have recently resigned as director/promoter of a Private Limited company within 14 months of its inception due to some issue. I have submitted my resignation letter to one or two remaining directors and obtained his signature on my copy. After two months of my resignation, I learnt that the company has not filed Form-32 with RoC and have not passed the board resolution for acceptance of my resignation and hence I had submitted a letter to RoC informing them about my resignation duly attached my resignation letter copy. I am an insurance surveyor and my licensing authority IRDA is insisting that I should submit RoC confirmation of Form-32 & Form-18 and copy of board resolution to them enabling them to allow me to carry out my work as an individual surveyor. As per my knowledge, procurement of these documents is beyond my purview/reach and hence, I would request you to guide me for solution at your earliest.

    Best Regards,
    Harish Bhatt

  11. If the company shift the premises within local form 18 to be filled and submit to ROC and i would like to know what about MOA & AOA & Company Pan Card, please clarify.

    • If the shifting of company’ registered office is within the local limits, you will have to apply for change of address in case of PAN card. No need to change MOA AOA.

  12. Hi in case of change of name of a private ltd. co. is form 1B also required to be filed.

    • Yes, in case of change of name of a Private Limited company, e-form 1B( Application for approval of the Central Government for
      change of name or conversion of a public company into a private company- now the authority to approve form shifted from Central Government to Registrar of Companies). As per Section 21 of the Companies Act, 1956, every company which is seeking to change the name of company, shall be required to file e-form 1B with Registrar of Companies by giving reason for change of name, after filing e-form 23.

  13. hi, thnaks for your suggestion and help.. can u please tell me whether for change of name first change of object is to be done

    • As per Section 21 of the Companies Act, 1956,a company can make application for change of name ( either for change in main object of the company or not). It is not necessary that for change of name, object should be changed. One can change the name without change of main object of the company. In form 1A, you can select the options – whether the change in the name of company requires change in main objects of company – Yes or no. If it is yes, then you need to mention main object and explain the reason for such change. If no, reason for such change to be mentioned.
      Hence change of name may be because of change in main object or due to some other reason,may differ from case to case, an applicant should explain it while making application.

  14. Good Compilation.

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