How do you check if a name is available for a company in India?
How do you check if a name is available for a company in India?
Starting a business in India can be exciting. Still, one significant step before starting is checking if your company name is available in the MCA database. You must ensure your chosen name isn’t taken by another business so that you don’t get into legal trouble later on. But how exactly do you check if a name is available for a company in India? In this article, we will explore why checking company name availability is essential and the process of checking company names in India.
Company Name
When starting a new business, one of the first things you need to do is choose a name for your company. The company name is an identity in which your business is recognized. Ideally, a company’s name should be unique and different by words, even phonetically. It is suggested that a firm should not copy any other existing name.
The first step will be determining if the name is registered as a company in India. This can be done by searching the Registrar of Companies database.
Click here for more details on Naming Guidelines Per the Companies Act 2013.
Check Company Name – Governing law.
The MCA requests that stakeholders ensure that the proposed company name selected does not contain any word prohibited under Section 4(2) & (3) of the Companies Act, 2013 and Rule 8 of the Companies (Incorporation) Rules, 2014.
- Before applying for any proposed name, stakeholders should read and understand Rule 8 of the Companies (Incorporation) Rules, 2014.
- In addition, stakeholders should check the trademark search to ensure that the proposed name does not violate Section 4(2) of the Companies Act, 2013, failing which it will be rejected.
Importance of Checking Company Name Availability
Checking company name availability is essential for a few reasons.
- The primary reason for the company name search is to avoid duplication and avoid any offense against the company’s law.
- You could face legal trouble if another company already uses your desired name.
- To ensure there aren’t any potential trademark issues. If another business has already trademarked a similar name or logo, you could infringe on their intellectual property and face legal action.
- Checking company name availability can help you avoid domain squatting. Domain squatting is when someone buys up common fields to sell later at a higher price.
So, checking company name availability is vital in starting a new business. Be sure to do your research and choose a unique and available name for your company!
The company name search can be done quickly by visiting the IndiaFilings website.
Procedure to check Company Name on MCA Website
The first step is to check whether the name you chose for your company is available. This can be easily checked online on the Ministry of Corporate Affairs (MCA) website. Here’s the procedure to check whether a name is available for a company in India:
- Go to the MCA website and click on the ‘Name Availability’ link under the ‘Services’ tab.
- On the next page, enter the proposed name of your company in the ‘Name’ field and select ‘Company’ from the drop-down menu next to it. Then, click on the ‘Search’ button.
- If the name you have entered is available, you will see a message saying, ‘The name is available for incorporation as per the Companies Act, 2013.’ However, if the name is already taken, you will see a list of companies with similar names.
You can also check availability by visiting any ROC office and submitting Form INC-1 with a fee of Rs 500.
To learn more about Company Name Approval Process, click here