TMI BlogCompanies (Incorporation) Fifth Amendment Rules, 2010X X X X Extracts X X X X X X X X Extracts X X X X ..... f, 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. (2) The following matters are to be disregarded while comparing the names under sub-rule (1):- (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; (b) the plural or singular form of words in one or both names; A. Illustrations (i) Green Technology Ltd. is same as Greens Technology Ltd. and Greens Technologies Ltd. (ii) Pratap Technology Ltd. is same as Prataps Technology Ltd. and Prataps Technologies Ltd. (iii) SM Computers Ltd. is not same as SMS Computers Ltd. (c) type and case of letters, spacing between letters, punctuation marks and special characters used in one or both names; B. Illustrations (i) ABC Ltd. is same as A.B.C. Ltd. and A B C Ltd. (ii) TeamWork Ltd. i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the name of a place to an existing name, which does not contain the name of any place; J. Illustrations (i) If Salvage Technologies Ltd. is an existing name, it is same as Salvage Technologies Delhi Ltd and Salvage Delhi Technologies Ltd. (ii) Retro Pharmaceuticals Ranchi Ltd. is not the same as Retro Pharmaceuticals Chennai Ltd. (l) addition, deletion, or modification of numerals or expressions denoting numerals in an existing name, unless the numeral represents any brand; K. Illustrations (i) Thunder Services Ltd is same as Thunder 11 Services Ltd and One Thunder Services Ltd (ii) Style Garments 11 Ltd. is same as Style Garments Ltd and Style 12 Garments Ltd. (iii) One 11 Power Equipment Ltd is not the same as One Power Equipment Ltd, if One 11 represents a brand: 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. 8A. Undesirable names .- (1) The name shall be considered undesirable, if- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame 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: 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; (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, HUE, firm, Inc., PLC, GmbH, SA, PTE, Sdn, ,AG, etc.; 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 Act, in accordance with the Electoral Trusts Scheme, 2013 notified by the Central Board of Direct Taxes (CBDT): 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posed company or the order of words appearing In a name shall not be relevant; (C) the name shall not be deemed to be descriptive where commonly used words are used in addition to other words in the name; A. Illustrations (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. (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. (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. (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 relev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons 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:- (a) Board; (b) Commission; (c) Authority; (d) Undertaking; (e) National; (f) Union; (g) Central; (h) Federal; (i) Republic; (j) President; (k) Rashtrapati; (l) Small Scale Industries; (m) Khadi and Village Industries Corporation; (n) Financial Corporation and the like; (o) Municipal; (p) Panchayat; (q) Development Authority; (r) Prime Minister or Chief Minister; (s) Minister; (t) Nation; (u) Forest corporation; (v) Development Scheme; (w) Statute or Statutory; (x) Court or Judiciary; (y) Governor; (z) the use of word Scheme with the name of Government (s), State, India, Bharat or any Government ..... X X X X Extracts X X X X X X X X Extracts X X X X
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