Rule 8 Undesirable names
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(1) A name applied for shall be deemed to resemble too nearly with the name of an existing company, if, and only if, after comparing the name applied for with the name of an existing company by disregarding the matters set out in sub-rule (2), the names are same.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(2) The following matters are to be disregarded while comparing the names under sub-rule (1):-
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(a) the words like Private, Pvt, Pvt., (P), OPC Pvt. Ltd., IFSC Limited, IFSC Pvt. Limited, Producer Limited, Limited, Unlimited, Ltd, Ltd., LLP, Limited Liability Partnership, company, and company, & co, & co., co., co, corporation, corp, corpn, corp or group;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(b) the plural or singular formDefined in rule 2(c): Form or e Form means a form in the electronic form or non electronic form as specified under the Act or Rules made there under and notified by the Central Government under the Act of words in one or both names;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.A. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) Green Technology Ltd. is same as Greens Technology Ltd. and Greens Technologies Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) Pratap Technology Ltd. is same as Prataps Technology Ltd. and Prataps Technologies Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(iii) SM Computers Ltd. is not same as SMS Computers Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(c) type and case of letters, spacing between letters, punctuation marks and special characters used in one or both names;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.B. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) ABC Ltd. is same as A.B.C. Ltd. and A B C Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) TeamWork Ltd. is same as Team@Work Ltd. and Team-Work Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(d) use of different tenses in one or both names ;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.C. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) Ascend Solutions Ltd. is same as Ascended Solutions Ltd. and Ascending Solutions Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) Speak English Solutions Limited is same as Spoken English Solutions Limited.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(e) use of different phonetic spellings including use of misspelled words of an expression;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.D. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) Chemtech Ltd. is same as Chemtec Ltd., Chemtek Ltd., Cemtech Ltd., Cemtek Ltd., Kemtech Ltd., and Kemtek Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) Bee Kay Ltd is same as BK Ltd, Be Kay Ltd., B Kay Ltd., Bee K Ltd., B.K. Ltd. and Beee Kay Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(f) use of host name such as 'www' or a domain extension such as 'net', 'org', 'dot' or 'com' in one or both names;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.E. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) Ultra Solutions Ltd. is same as Ultrasolutions.com Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) Supreme Ultra Solutions Ltd. is not the same as Ultrasolutions.com Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(g) the order of words in the names;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.F. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) Ravi Builders and Contractors Ltd. is same as Ravi Contractors and Builders Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) Ravi Builders and Contractors Limited is not the same as Ravi Shankar Builders and Contractors Limited.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(h) use of the definite or indefinite article in one or both names;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.G. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) Congenial Tours Ltd. is same as A Congenial Tours Ltd. and The Congenial Tours Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) Isha Industries Limited is not the same as Anisha Industries Limited.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) a slight variation in the spelling of the two names including a grammatical variation thereof;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.H. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) Color Technologies Ltd. is same as Colour Technologies Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) Disc Solutions Ltd. is same as Disk Solutions Ltd. but it is not same as Disco Solutions Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(j) complete translation or transliteration, and not part thereof, of an existing name, in Hindi or in English;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.I. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) National Electricity Corporation Ltd. is same as Rashtriya Vidyut Nigam Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) Hike Construction Ltd. is not the same as Hike Nirman Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(k) addition of the name of a place to an existing name, which does not contain the name of any place;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.J. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) If Salvage Technologies Ltd. is an existing name, it is same as Salvage Technologies Delhi Ltd and Salvage Delhi Technologies Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) Retro Pharmaceuticals Ranchi Ltd. is not the same as Retro Pharmaceuticals Chennai Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(l) addition, deletion, or modification of numerals or expressions denoting numerals in an existing name, unless the numeral represents any brand;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.K. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) Thunder Services Ltd is same as Thunder11 Services Ltd and OneThunder Services Ltd
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) Style Garments11 Ltd. is same as Style Garments Ltd and Style12 Garments Ltd.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(iii) One 11 Power Equipment Ltd is not the same as One Power Equipment Ltd, if One 11 represents a brand:
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Provided that clauses (f) to (h) and clauses (k) and (l) shall not be disregarded while comparing the names, if a no objection by way of a Board resolution has been provided by an existing company.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.8A. Undesirable names.-
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(1) The name shall be considered undesirable, if-
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(a) it is prohibited under the provisions of section 3 of the Emblems and Names (Prevention and Improper Use) ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), 1950 (12 of 1950), unless a previous permission has been obtained under that ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013);
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(b) save as provided in section 35 of the Trade Marks ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), 1999 (47 of 1999), the name includes a trade mark registered under the Trade Marks ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), 1999 and the rules framed thereunder in the same class of goods or services in which the activity of the company is being carried out or is proposed to be carried out, unless the consent of the owner 2Text omitted by amendmentThe words "or applicant for registration," omitted by G.S.R. 793(E), dated 16th October, 2019 (Companies (Incorporation) Eighth Amendment Rules, 2019), w.e.f. 16th October, 2019. of the trade mark, as the case may be, has been obtained and produced by the promoters;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(c) it includes any word or words which are offensive to any sectionDefined in rule 2(f): Section means the section of the Act; (2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 shall have the meanings respectively assigned to them in the Act and said rules. of the people;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(d) the proposed name is identical with or too nearly resembles the name of a limited liability partnership:
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Provided that the provisions of rule 8 shall apply mutatis mutandis while determining whether a proposed name is too nearly resembling the name of a limited liability partnership;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(e) the proposed name is identical with or too nearly resembles with a name which is for the time being reserved in accordance with rule 9:
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Provided that the provisions of rule 8 shall apply mutatis mutandis while determining whether a proposed name is too nearly resembling with a reserved name;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(f) the company's main business is financing, leasing, chit fund, investments, securities or combination thereof, but the proposed name is not indicative of such related financial activities, viz., Chit Fund or Investment or Loan, etc.;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(g) the company's name is indicative of activities financing, leasing, chit fund, investments, securities or combination thereof, but the company's main business is not related to such activities;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(h) it resembles closely the popular or abbreviated description of an existing company or limited liability partnership;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) the proposed name is identical with or too nearly resembles the name of a company or limited liability partnership incorporated outside India and reserved by such company or limited liability partnership with the Registrar:
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Provided that if a foreign company is incorporating its subsidiary company in India, then the original name of the holding company as it is may be allowed with the addition of word India or name of any Indian State or city, if otherwise available:
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Provided further that provisions of rule 8 shall apply mutatis mutandis while determining whether a proposed name is too nearly resembling the name of a company or limited liability partnership incorporated outside India;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(j) any part of the proposed name includes the words indicative of a separate type of business constitution or legal person or any connotation thereof e.g. co-operative, sehkari, trust, LLP, partnership, society, proprietor, HUF, firm, Inc., PLC, GmbH, SA, PTE, Sdn, AG, etc.;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Explanation.- For the purposes of this clause, it is hereby clarified that the name including phrase 'Electoral Trust' may be allowed for registration of companies to be formed under section 8 of the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), in accordance with the Electoral Trusts Scheme, 2013 notified by the Central Board of Direct Taxes (CBDT):
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Provided that name application is accompanied with an affidavit to the effect that the name to be obtained shall be only for the purpose of registration of companies under the said Electoral Trust Scheme as notified by the Central Board of Direct Taxes;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(k) the proposed name contains the words 'British India';
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(l) the proposed name implies association or connection with an embassy or consulate of a foreign government;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(m) the proposed name includes or implies association or connection with or patronage of a national hero or any person held in high esteem or important personages who occupied or are occupying important positions in the Government;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(n) the proposed name is identical to the name of a company dissolved as a result of liquidation proceeding and a period of two years has not elapsed from the date of such dissolution:
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Provided that if the proposed name is identical with the name of a company which is struck off in pursuance of action under section 248 of the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013) or under section 560 of the Companies ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), 1956 (1 of 1956) then the same shall not be allowed before the expiry of twenty years from the date of publication in the Official Gazette being so struck off;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(o) it is identical with the name of a limited liability partnership in liquidation or the name of a limited liability partnership which is struck off up to a period of five years;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(p) the proposed name include words such as 'Insurance', 'Bank', 'Stock Exchange', 'Venture Capital', 'Asset Management', 3Text omitted by amendmentThe word "'Nidhi'," omitted by G.S.R. 411(E), dated 16th July, 2024 (Companies (Incorporation) Amendment Rules, 2024), w.e.f. 16th July, 2024. 'Mutual Fund', etc., unless a declaration is submitted by the applicant that the requirements mandated by the respective regulator, such as IRDA, RBI, SEBI, MCA, etc. have been complied with by the applicant;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(q) the proposed name includes the word "State", in case the company is not a Government company;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(r) the proposed name is containing only the name of a continent, country, State, city such as Asia limited, Germany Limited, Haryana Limited or Mysore Limited;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(s) Use of descriptive names, where the name merely consists of commonly used words to describe an activity.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Explanation.-For the purposes of this clause,-
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(A) the term "commonly used words" refers to use of generic expressions which may be used by any other company to describe its trade;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(B) while determining whether a name is descriptive or not, the objects of the proposed company or the order of words appearing in a name shall not be relevant;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(C) the name shall not be deemed to be descriptive where "commonly used words" are used in addition to other words in the name;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.A. Illustrations
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) The names Silk Manufacturers Private Limited and Manufacturers Silk Ltd. are descriptive names as they merely describe an activity which may also be carried out by any other company and the order of the words is not relevant while determining a descriptive name.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(ii) The names Computer World Ltd., Food Star Ltd., Tour Hub Ltd or House of Chocolate Ltd are not descriptive as the names do not merely consist of commonly used words.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(iii) The names Technical Vista Ltd or Vista Technical are not descriptive as the names do not merely consist of commonly used words and the order of the words is not relevant while determining whether a name is descriptive.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(iv) The name Drinking Water Plant Ltd. is a descriptive name, even if the object of the company is not related to making drinking water plant as it consists of commonly used words and objects of the proposed company is not relevant while determining whether a name is descriptive.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(v) The name Silk Wise Manufacturers Private Limited is not descriptive as it contains words other than commonly used words.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(t) the proposed name includes name of any foreign country or any city in a foreign country, the same shall be allowed if the applicant produces any proof of significance of business relations with such foreign country like memorandum of understanding with a company of such country:
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Provided that the name combining the name of a foreign country with the use of India like India Japan or Japan India shall be allowed if, there is a government to government participation or patronage and no company shall be incorporated using the name of an enemy country.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.Explanation.- For the purposes of this clause, 'enemy country' means so declared by the Government of India from time to time.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(u) the proposed name of a section 8 company under the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013) does not include the words Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral Trust and the like, etc.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.4Clause (v), which provided that a name shall be considered undesirable if the proposed name of a Nidhi company under the Act does not have the last words "Nidhi Limited" as a part of its name, omitted by G.S.R. 411(E), dated 16th July, 2024 (Companies (Incorporation) Amendment Rules, 2024), w.e.f. 16th July, 2024.(v) * * * * *
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(w) the proposed name has been released from the register of companies upon change of name of a company and three years have not elapsed since the date of change unless a specific direction has been received from the competent authority in the course of compromise, arrangement or amalgamation.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(2) The applicant shall declare in affirmative or negative (to affirm or deny) whether he is using or has been using in the last five years, the name applied for incorporation of company or LLP in any other business constitution like Sole proprietor or Partnership or any other incorporated or unincorporated entity and if, yes details thereof and No Objection Certificate from other partners and associates for use of such name by the proposed Company or LLP, as the case may be, and also a declaration as to whether such other business shall be taken over by the proposed company or LLP or not.
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.8B. Word or expression which can be used only after obtaining previous approval of Central Government. In terms clause (b) of sub-section (3) of section 4, the following words and combinations thereof shall not be used in the name of a company in English or any of the languages depicting the same meaning unless the previous approval of the Central Government has been obtained for the use of any such word or expression:-
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(a) Board;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(b) Commission;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(c) Authority;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(d) Undertaking;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(e) National;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(f) Union;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(g) Central;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(h) Federal;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(i) Republic;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(j) President;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(k) Rashtrapati;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(l) Small Scale Industries;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(m) Khadi and Village Industries Corporation;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(n) Financial Corporation and the like;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(o) Municipal;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(p) Panchayat;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(q) Development Authority;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(r) Prime Minister or Chief Minister;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(s) Minister;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(t) Nation;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(u) Forest corporation;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(v) Development Scheme;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(w) Statute or Statutory;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(x) Court or Judiciary;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(y) Governor;
1The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.(z) the use of word Scheme with the name of Government (s), State, India, Bharat or any Government authority or in any manner resembling with the schemes launched by Central, State or local Governments and authorities; and (za) Bureau.
1. The rules numbered 8, 8A and 8B subs. for rule 8 by G.S.R. 357(E), dated 10th May, 2019 (Companies (Incorporation) Fifth Amendment Rules, 2019), w.e.f. 10th May, 2019.
2. The words "or applicant for registration," omitted by G.S.R. 793(E), dated 16th October, 2019 (Companies (Incorporation) Eighth Amendment Rules, 2019), w.e.f. 16th October, 2019.
3. The word "'Nidhi'," omitted by G.S.R. 411(E), dated 16th July, 2024 (Companies (Incorporation) Amendment Rules, 2024), w.e.f. 16th July, 2024.
4. Clause (v), which provided that a name shall be considered undesirable if the proposed name of a Nidhi company under the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013) does not have the last words "Nidhi Limited" as a part of its name, omitted by G.S.R. 411(E), dated 16th July, 2024 (Companies (Incorporation) Amendment Rules, 2024), w.e.f. 16th July, 2024.
