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Use of the word "india" as part of the sole proprietorship company

(Querist) 01 August 2013 This query is : Resolved 
Good Day!

Mine is Sole Proprietorship Company situated in Tamilnadu.

Now I am finding very difficult in getting some Govt.benefits like Capital Subsidy because my company name contains (INDIA) as part.

Basically I am a Mfr-Exporter.I didn't find any difficulty/getting my loans,Importing machines,etc. because of (INDIA) as part of firm name.

I need to know is there any restriction in use of name (INDIA) as part of Sole Proprietorship Company.

I heard/know only Pvt ltd/LLP companies shall have some restrictions as per companies act and that too can be used when they maintain sufficient capital.

At this point I want to know/get any Gov. regarding this issue.

I have already explained/submitted as attached here and requested for disposal of my subsidy.

Kindly help me regarding this issue by sending me the Supportive documents.

Thanks & Regards,
KRISHNAPRIYA PRABHURAM
Jumbo Films & Bags (INDIA)
www.jumbofilmsindia.com
Devajyoti Barman (Expert) 02 August 2013
Yes, for registration of Company or Partnership, you can not use the term India.
malipeddi jaggarao (Expert) 02 August 2013
What is the difficulty you are facing for getting some Government benefits?
You are confusing by saying yours is a sole proprietorship company. Generally a Company which is registered under Indian Companies Act is not a soleproprietorship (though there is a way to convert the sole propretiroship into a company). I undersand you have a firm (not company) for which you are the proprietor. Whether your firm is registered one? If the Government concessions are to be a person, they naturally confuse looking into your business firm's name. Hence if you wish to continue your sole proprietorship concern, better get the firm's name changed. You can consult a local CA for fulfilling the formalities.
prabhakar singh (Expert) 02 August 2013
'India' is not the word a firm is prohibited
from using it in it's firm name,rather to use it the capital of the co. should be with minimum capital of 50 lakhs.
Rajendra K Goyal (Expert) 02 August 2013
Whether yours is a sole proprietorship or a company. Using name of India is not prohibited.
Krishnapriya Prabhuram (Querist) 02 August 2013
MINE IS SOLE PROPRIETORSHIP FIRM ONLY.

It is not a Registered Firm.

Now the authorities are blocking the SUBSIDY funds because of (INDIA) as part of firm name.

I need documentary proof or G.O.

Kindly help and guide me to get over this problem.

Also advise me,
How to Register the Sole-Proprietorship Firm? Is there any FIRM Registration as like Partnership Concern registration?

Anticipating your valuable advise.

Thanks & Regards,
KRISHNAPRIYA PRABHURAM
Guest (Expert) 02 August 2013
Which kind of subsidy to a private concern?
malipeddi jaggarao (Expert) 03 August 2013
If it not a registered sole proprietor firm, you can change the name of the firm as well to avoid the inconvenience. For everything please do ask for GO or documentary proof. How do you know that they are blocking the subsidy because of the name problem? Better find a solution instead of heading-on. You can change the name of your firm after the present subsidy issue is over. The competent authority to register the Proprietorship firm is the same authority for registering the partnership firm.
The Registrar of Firms - normally a wing in the Registrar of Assurances (Property Registration Authority). It is very easy to get the firm registered.
prabhakar singh (Expert) 03 August 2013
YOU SHOULD INSIST AUTHORITIES TO REFER LAW
THAT CREATE HINDRANCE IN ANY GRANT AVAILABLE TO YOU JUST DUE TO WORD "INDIA"IN YOUR FIRM NAME;or
JUST DROP THE NAME AND MOVE ON....
Krishnapriya Prabhuram (Querist) 03 August 2013
Dear sirs,

Thank you all for your valuable suggestions.

I have applied for STATE GOVERNMENT's CAPITAL SUBSIDY & POWER SUBSIDY.

They faced problem while internal audit because of the name started with BHARATH. And during the recovery they failed in HIGH COURT.The consumer win with your support.So they fear of their internal audit.

Also I'll immediately register my Firm with REGISTRAR OF FIRMS in our district Head Quarters to avoid further complications.

Thanks for all your valuable advise and guidance.

In case if your good self receive any GO/documentary proof,Kindly pass on.

Have a Great Day!

Thanks & regards,
Krishnapriya Prabhuram


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