Thursday, March 22, 2012

LLP Name availability

Company / LLP Name follow the same guidelines as mentioned by MCA (The Ministry of Corporate Affairs)
MCA has recently regulated a revised "Name Availability Guidelines 2011"


As per the Name Availability Guidelines 2011, no company should be registered with an undesirable name.

The important points to be noted while selecting the company name is that the proposed name should not be undesirable and is identical with or too nearly resembling with the name of a Company / LLP already registered or names approved by ROC or a Registered Trademark or a Trademark for which an application is filed.
While determining whether a proposed name is identical with another, the following shall be disregarded:
  1. The words Private, Pvt, Pvt., (P), Limited, Ltd, Ltd., LLP, Limited Liability Partnership
  2. The words appearing at the end of the names – company, and company, co., co, corporation, corp, corpn, corp.;
  3. The plural version of any of the words appearing in the name
  4. The type and case of letters, spacing between letters and punctuation marks
  5. Joining words together or separating the words, as this does not make a name distinguishable from a name that uses the similar, separated or joined words. Such as Ram Nath Enterprises Pvt. Ltd. will be considered as similar to Ramnath Enterprises Pvt. Ltd.;
  6. The use of a different tense or number of the same word, as this does not distinguish one name from another. Such as, Excellent Industries will be similar to Excellence Industries and similarly Teen Murti Exports Pvt. Ltd. will be to Three Murti Exports Pvt. Ltd.;
  7. Using different phonetic spellings or spelling variations, as this does not distinguish one name from another. For example, J.K. Industries limited is existing then J and K ndustries or Jay Kay Industries or J n K Industries or J & K Industries will not be allowed.
    Similarly if a name contains numeric character like 3, resemblance shall be checked with 'Three' also
  8. The addition of an internet related designation, such as .COM, .NET, .EDU, .GOV, ORG, .IN, as this does not make a name distinguishable from another, even where (.) is written as 'dot';
  9. The addition of words like New, Modern, Nav, Shri, Sri, Shree, Sree, Om, Jai, Sai, The, etc., as this does not make a name distinguishable from an existing name such as New Bata Shoe Company, Nav Bharat Electronic etc. Similarly, if it is different from the name of the existing company only to the extent of adding the name of the place, the same shall not be allowed. For example, 'Unique Marbles Delhi Limited' cannot be allowed if 'Unique Marbles Limited' is already existing.
    Such names can be allowed if a no objection from the existing company by way of Board resolution is produced / submitted for allowing the proposed name.
  10. Different combination of the same words, as this does not make a name distinguishable from an existing name, e.g., if there is a company in existence by the name of "Builders and Contractors Limited" , the name "Contractors and Builders Limited" should not be allowed
  11. Exact Hindi translation of the name of an existing company in English especially an existing company with a reputation. For example, Hindustan Steel Industries Ltd. will not be allowed if there exists a company with name 'Hindustan Ispat Udyog Limited'.
Read further about Company Name Guidelines