SECTION 21 CHANGE OF NAME BY THE COMPANY
1. Subject -
Change of name by the company
2. Passing Authority - General Meeting.
3. Nature of the Resolution -
Special Resolution.
4. Specimen Rejsolution(s)
"That
jthe name of the Company be changed from" The Inndia Book Company
Limited"
to
Tamil Nadu Book Company Limited" subject to the approval of the Central
Government
in
accordance with Section 21 of the Companies Act, 1956".
5. Guidelines
(1)
Before the resolution is proposed, availability of the new name should be
ascertained by
making an application in the prescribed form to the Registrar of
Companies.
(2) The
guiding instructions issued by the Government for making the name available
should be kept in mind.
(3) A
name attracting the provisions of the Emblems and Names (Prevention of Improper
Use)
Act 1950 can not be adopted.
(4) It
may be noted that the importance of
name lies in the fact that it helps the Company to
indicate its objects and its principal business.
(5) A
name similar to the name of another company and likely to mislead the public
should be
avoided.
(6)
Approval of the Central Government is required to the change of name exceept
where the
change involves addition or
deletion of the word "Private".
The application in the connection
should be made to the Regional Director concerned of the Company Law
Board.
(7) In
the case of a banking company, a
certificate of "no objection" should be obtained from
Reserve Bank of India.
(8) The
change of name bejcomes effective only when a fresh certificate of
incorporation is
obtained from the
Registrar of Companies.
(9) The
Explanatory Statement should indicate the need for obtaining the approval of
the
Central Government.
6. Filing --Form 23 -- within 30 days of passing.