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.