Name Availability Guidelines, 2011

Name Availability Guidelines, 2011

Ministry of Corporate Affairs (MCA) vide its General Circular No. 7/2012 dated 25th April 2012 has put some restrictions regarding availability of name by system online, without backend process by the Registrar of Companies (ROC). Till date, in the Straight Through Processing (STP) mode wherein the forms were certified by Practicing Professionals, ROC has witnessed some cases wherein names were approved online through STP mode but such names should not otherwise be made available as per the extant Name Guidelines, 2011. In view of the same Ministry has re-examined and decided as under:-

(i) The facility of name approval through STP mode though has continued to be available; however an additional system check has been inserted in the procedure of Name Approval. In other words, names mentioned in the Form 1A passing through STP mode, will be checked by the system for ascertaining the similarity with any registered trademarks or if any two words of such name matches exactly with the name of any other Company name then such Form -1A will be transferred to processing in non-STP mode.

Procedure to be followed-

(ii) Such Form 1A approved after system check and not falling under Non-STP Mode thereafter will not be available for filing of incorporation documents (Form 1, 18 & 32) up to:- a.     1900 hrs (7.00 PM) of the same day, if the name through STP mode is approved by the system upto 1100 hrs (11.00 AM) on any working day. b.    1900 hrs (7.00 PM) of the any next working day if the name is approved after 1100 hrs (11.00 AM) on any working day or on holiday/ non-working day.

(iii) The circular also provides that the name approval application in case of single word (other than words Private Limited/ Limited) shall not be processed in STP mode. The intention of the law here seems to incorporate activity name in the name of the proposed Company, in case the same is desired to be approved through the STP Mode.

This circular shall be effective from 20.05.2012