Http://www.mca.gov.in/ministry/pdf/amendmentrules_08052019.p
Nitin Mane
(Querist) 21 April 2020
This query is : Resolved
Please explain me the rule for naming under section 8 of companies act 2013.
I want to register a section 8 company and the name will start with "Bharatiya" and it will be include "Chamber of Commerce".
I got reference of a company registered in 2016 BHARATIYA DIGITAL PRODUCTIONS PRIVATE LIMITED
If this private company can be registered with word "Bharatiya" then for Section 8 it might have no objection to register with the name Bharatiya.
Some of companies saying that the inclusion of words like India, Bharat etc. requires authorized capital of 5 lakh of Pvt. Ltd, if this is any rule my consideration is that this rule will not be applied on section 8.
Please give your opinion in this regard,
Note: I am thinking for my section 8 to be registered as MSME Development Organization next day after incorporation, which is possible for me without any hesitation.
KISHAN DUTT KALASKAR
(Expert) 21 April 2020
Dear Sir,
If your proposed name is approved by MCA (Ministry of Corporate Affairs) then you can register it. Please read the Companies (Name Availability) Rules, 2011 by going through the following link.
https://www.mca.gov.in/Ministry/pdf/Companies_rules_15Mar2011.pdf
Raj Kumar Makkad
(Expert) 21 April 2020
Section 8 Companies are not required to add the suffix Limited or Private Limited at the end of their name. All Companies having limited liability are required to use the term ‘limited’ or ‘private limited’ as the case may be in their names as required by section 13. But section 25 companies are allowed to dispense with the use of term ‘limited’ or ‘private limited’ from their names [sub-sec. (6)]. This helps the Company to enjoy limited liability without disclosing to the public the nature of liability of its members.
Suffix that can be use for incorporation: The name shall include the words Foundation, Forum, Association, Federation, Chambers, Confederation, council, Electoral trust and the like etc.
At present following words are not allowed for Incorporation of Section 8 Company; “Organization”, “Institute”, “word other than mentioned above”
Earlier these words were allowed for incorporation of Section 8 Company and even there are many section 8 companies ending with such prefix. Therefore, It can be opine “and the like etc” can’t use for incorporation of Section 8 Company as per latest Resubmissions or Rejections.
Raj Kumar Makkad
(Expert) 21 April 2020
Therre is no rejection history of using word bhartiya. There is no limitation of capital while forming section 8 company.
Rajendra K Goyal
(Expert) 22 April 2020
Search the rejection list of names.
The name must not closely resemble with the name of registered company.
Proceed to get approval from MCA before getting registration.
