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Microlesson · 5-min read

Alteration of Name (Section 13)

# Alteration of Company Name — Voluntary Change

## Statutory Source

Section 13 of the Companies Act, 2013

## 1. Core Requirements

RequirementParticulars
ResolutionSpecial Resolution in general meeting
ApprovalWritten approval of Central Government
Delegated powerCG's power delegated to Registrar of Companies

## 2. Exception — When CG Approval Not Required

Approval of Central Government is NOT necessary if the change relates to:

  • Addition of the word 'Private', OR
  • Deletion of the word 'Private'

## 3. Filing Requirements

  • File Form MGT-14 with ROC within 30 days of passing special resolution.
  • A copy of CG's approval must also be filed with ROC.

## 4. Effect — Fresh Certificate Issued

  • ROC shall enter the new name in the register in place of the old.
  • ROC issues a fresh certificate of incorporation with the new name.
  • The change becomes complete and effective only on issue of such fresh certificate.

## 5. Conditions Governing Name Change

(i) The new name shall not be identical with or too nearly resemble the name of an existing company. No name shall be undesirable in CG's opinion, nor constitute an offence under any law.

(ii) Previous approval of CG is required if the name contains any word/expression suggesting:

  • Connection with Government, OR
  • State patronage, OR
  • Such word/expression as may be prescribed.

## 6. Procedure for New Name

The company must follow the same procedure as for original reservation:

  • Apply to ROC in e-Form RUN (Reserve Unique Name).
  • Registrar may reserve the name for 60 days from date of approval for existing companies.

## Memory Aid (Sequence)

Special Resolution → CG Approval (unless 'Private' add/delete) → File MGT-14 (30 days) → Fresh Certificate of Incorporation → Change effective from date of fresh certificate.

Worked example

### Example 1

Example 1: ABC Limited (a public company) wants to convert into a private company and change its name to 'ABC Private Limited'. Is CG approval required?

Answer: No. Since the change involves only the addition of the word 'Private', CG approval is NOT required. However, special resolution and Form MGT-14 filing within 30 days remain mandatory.

### Example 2

Example 2: A company passed special resolution to change its name on 1st May, obtained CG approval on 20th May, and fresh certificate issued on 5th June. From which date is the new name effective?

Answer: The new name becomes complete and effective only from 5th June — the date of issue of fresh certificate of incorporation. Mere passing of resolution or CG approval is insufficient.

### Example 3

Example 3: A company wishes to change its name to 'National Defence Industries Ltd.' Discuss.

Answer: Since the name suggests a connection with Government/State, the previous approval of the Central Government must be obtained before the name can be reserved or adopted.

⚠️ Common exam mistakes

  • Believing that the new name takes effect from the date of special resolution — it is effective only from the date of fresh certificate of incorporation.
  • Forgetting the 'Private' add/delete exception which does NOT require CG approval.
  • Filing Form INC-22 instead of MGT-14 (MGT-14 is for special resolution; INC-22 is for registered office change).
  • Missing the 30-day filing window for Form MGT-14.
Bare-Act text Section 13 · The Companies Act, 2013 · click to expand
Section 13: Save as provided in section 61, a company may, by a special resolution and after complying with the procedure specified in this section, alter the provisions of its memorandum. Any change in the name of a company shall be subject to the provisions of sub-sections (2) and (3) of section 4 and shall not have effect except with the approval of the Central Government in writing. Provided that no such approval shall be necessary where the only change in the name of the company is the deletion therefrom, or addition thereto, of the word 'Private'.
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