Check Company or LLP Name Availability
Check Company or LLP Name Availability
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MCA Name Reservation Service (RUN Service)
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Check LLP Name
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Check Company or LLP Name Availability
In India, checking the availability of a company or LLP (Limited Liability Partnership) name is crucial to ensure that the name you wish to register is unique and complies with the guidelines of the Ministry of Corporate Affairs (MCA). Here’s a detailed guide on how to check company or LLP name availability.
Steps to Check Company or LLP Name Availability
Visit the MCA Website:
- Go to the Ministry of Corporate Affairs (MCA) website.
Select the ‘Check Company Name’ or ‘Check LLP Name’ Option:
- Under the “MCA Services” section, you can find the link for checking either “Company Name” or “LLP Name” availability.
Enter the Proposed Name:
- In the search box, enter the name of your proposed company or LLP.
- You can also check similar names by entering relevant keywords to ensure that no registered company or LLP has the same or a closely related name.
Review the Results:
- The portal will show if the name you propose is available or already taken.
- If the name is already in use, you may need to come up with alternative names.
Guidelines for Company or LLP Name Selection
Uniqueness:
- The name should not be identical or too similar to an existing company or LLP. A significant part of the name should be distinct.
Avoid Restricted Words:
- Some words may require prior approval or are restricted for use (e.g., National, Bank, Stock Exchange).
Suffix Requirements:
- For companies: The name must end with “Private Limited” or “Limited” depending on the nature of the company.
- For LLPs: The name must end with “LLP.”
Trademark Search:
- It is advisable to check if the name is already trademarked. You can do this by visiting the Trademark Public Search site.
Name Reservation for Companies/LLPs
Once the name is available, you can proceed with the following steps:
File SPICe+ Form (for Companies):
- Use the SPICe+ (Simplified Proforma for Incorporating Company Electronically) form available on the MCA portal to reserve your company name and proceed with the incorporation process.
File LLP Form 1 (for LLPs):
- For LLPs, you need to file Form 1 for name reservation and incorporation.
Payment of Fees:
- After submitting the forms, a small fee is required for reserving the name.
Approval:
- The Registrar of Companies (ROC) will review the application, and once approved, you will be notified, and the name will be reserved for a period (usually 20 days for LLP and 60 days for companies).
Additional Details for Checking Name Availability
Search for Existing Names:
- The MCA database includes all registered companies and LLPs. When you check for name availability, the system searches the database to see if your proposed name or a similar one is already in use.
- You can perform multiple searches using slight variations of your preferred name to ensure it’s unique. If a name is rejected due to similarity, it’s often due to the prefix or core part of the name being identical or too close to an existing company’s name.
Avoiding Identical and Similar Names:
- If your proposed name is identical to an existing company, LLP, or trademark, your application will be rejected.
- The name should not have a phonetic similarity (e.g., “ABC Pvt Ltd” and “ABK Pvt Ltd” may be considered too similar).
- Generic words such as “India,” “Enterprises,” or “Business” are often ignored by the MCA when evaluating name availability. So, a name like “XYZ Enterprises Pvt Ltd” may be treated as identical to “XYZ Pvt Ltd.”
Checking Trade Mark Search:
- It is crucial to check for trademarks when selecting a company or LLP name to ensure there are no conflicts with registered trademarks. Trademark infringement could lead to legal complications later on.
- Use the Trade Mark Public Search tool to check if your proposed name or a similar name is registered as a trademark.
Descriptive and Non-Distinctive Words:
- Avoid using descriptive words like “Best,” “Global,” “International,” or “Universal.” These do not add distinctiveness to the name and could be grounds for rejection.
- The MCA also does not allow names that are too vague or general. For example, names like “Consulting Services Pvt Ltd” or “Technologies LLP” without any unique prefix may be rejected.
Words Requiring Government Approval:
- Some words require prior approval from the appropriate government body. For example:
- Words like “National,” “Bank,” “Exchange,” “Stock Exchange,” “Central,” “Union,” “State” may require specific government or regulatory approvals.
- The word “India” should be used carefully, especially if it implies national significance.
Check LLP Names Separately:
- The MCA portal treats LLP names and Company names as separate, but similar rules apply for LLP name approval. Make sure to check under the correct section when searching for LLP name availability.
- Unlike companies, LLP names must end with “LLP” or “Limited Liability Partnership,” and the MCA pays close attention to ensure LLP names are distinguishable from existing LLPs.
Detailed Guidelines for Company or LLP Name Approval
The following factors determine whether your proposed name is approved or rejected.
Uniqueness:
- The MCA insists on a unique, distinguishable name that reflects the core business of the company or LLP. A distinct and innovative name increases the likelihood of approval.
No Conflicting Registered Names:
- Ensure the proposed name is not identical to any existing registered company, LLP, or trademark. You can check this on both the MCA and Trademark websites.
Avoid Restricted or Prohibited Words:
- Certain words are restricted or prohibited, such as those implying patronage of a government body, or if the name includes sensitive terms (e.g., words suggesting a connection to foreign governments, royal patronage, or global institutions like “World Bank”).
Suffixes:
- For private limited companies, the name must end with “Private Limited.”
- For LLPs, it must end with “LLP” or “Limited Liability Partnership.”
- For public limited companies, the name must end with “Limited.”
Objective of Business:
- The proposed name should reflect the business objectives of the company or LLP, and not be misleading. For example, if your company’s primary activity is “food processing,” the name should reflect that rather than suggesting activities unrelated to food processing (e.g., “Financial Services”).
Name Reservation Process
Once you have confirmed the availability of your preferred name, you can proceed with reserving the name. Here’s a step-by-step overview.
For Companies (via SPICe+):
- SPICe+ (Simplified Proforma for Incorporating Company Electronically) is a comprehensive form used for company incorporation. It includes a section for name reservation.
- Navigate to the SPICe+ form on the MCA portal and complete Part A of the form to apply for name reservation.
- Once submitted, the Registrar of Companies (RoC) will process the name reservation application. If approved, you will have 60 days to incorporate the company using that name.
For LLPs (via RUN-LLP or LLP Form 1):
- Use RUN-LLP (Reserve Unique Name-LLP) service available on the MCA portal to reserve a name for your LLP.
- Alternatively, you can submit LLP Form 1 for name reservation.
- Once approved, you will have 90 days to complete the incorporation process.
Fee for Name Reservation:
- The fee for name reservation under the RUN (Reserve Unique Name) process is ₹1,000 per name.
- For company names through SPICe+, there is no separate fee for name reservation if filed with the incorporation form.
Rejection of Name:
- If the name is rejected due to non-compliance or similarity with another entity, you will be notified. You may then propose a new name or rectify the existing one.
Name Approval Timeline
Once you submit the name reservation application, the Registrar of Companies typically reviews and approves/rejects the proposed name within 2 to 3 working days.
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