Notification Availability of name for 60 days
Teena
(Querist) 17 November 2009
This query is : Resolved
Hi All.
Can any body is having notification of ROC for name avalability, which can be used or applied only within 60 days
A V Vishal
(Expert) 17 November 2009
[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART – II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
Notification
New Delhi, the 16th November, 2007
G.S.R. 720 (E). - In exercise of the powers conferred by clauses (a) and
(b) of sub-section (1) of section 642 read with section 610B of the Companies
Act, 1956 (1 of 1956), the Central Government hereby makes the following rules
to amend the Companies (Central Government’s) General Rules and Forms,
1956, namely: –
1. (1) These rules may be called the Companies (Central Government’s)
General Rules and Forms (Third Amendment) Rules, 2007.
(2) These rules shall came into force with effect from the 19th of
November 2007.
2. In the Companies (Central Government’s) General Rules and Forms,
1956, for rule 4A, the following shall be substituted, namely -
“4-A. (1) The promoters of a company under a proposed name or a
company seeking to change its name may make an application to the
Registrar of Companies of the State in which the registered office of the
proposed company or of the company to be or is situated.
(2) The application shall be in Form 1A and be accompanied by a fee
of rupees five hundred only.
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(3) The Registrar shall cause to examine the application as to whether
the changed name or the name with which the proposed company is to be
registered, as the case may be, is undesirable within the meaning of
section 20. In case the name is undesirable, he may reject the same or
ask for resubmission of the application with new names or calls for further
information, ordinarily within three days of receipt of the application:
Provided that the applicants shall be given only upto two
opportunities for re-submission of their proposal against the fee paid in the
first instance for name availability after the original application is filed. In
the event the registrar does not find the proposals so submitted and resubmitted
as fit for approval, he shall reject the application after the
second re-submission. However, the applicant will be at liberty to file fresh
application along with prescribed fee.
(4) Where the Registrar of Companies informs the company or the
promoters of the company that the changed name or the name with which
the proposed company is to be registered, as the case may be, is not
undesirable, such name shall be available for adoption by the said
company or by the said promoters of the company for a period of sixty
days from the date the name is allowed:
Provided that if the name so allowed is not adopted on or before
the expiry of the period of sixty days from the date it is allowed, the
applicant may apply for extension for retention of such name for a further
period of thirty days on payment of fifty per cent of the fee prescribed for
the application at the initial stage:
Also provided that no further extension will be granted after expiry
of ninety days from the date the name is allowed in the first instance. The
name allowed shall lapse after expiry of sixty or ninety days, as the case
may be, from the date it is allowed first:
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Provided further that the name allowed by the Registrar before the
date of this notification comes into force, if not adopted, shall lapse after
the expiry of a period of six months from the date on which the name was
initially allowed or renewed. However, in case the name has not been
renewed earlier, the applicant on or before the date of expiry, may apply
for one time extension of such name for a further period of thirty days on
payment of fifty per cent of the fee prescribed for the application at the
initial stage.
[F. No. 2/8/2007-CL.V]
Jitesh Khosla,
Joint Secretary.
Raj Kumar Makkad
(Expert) 17 November 2009
Nothing to add in the accurate reply.
Sachin Bhatia
(Expert) 17 November 2009
Well replied by Mr.Vishal
