In this editorial author shall discuss the step with step process and provisions of withdrawal of Name from Registrar of Companies (ROC). Many professionals asked this question, how to withdrawal the name already approved by Central Registration Centre (CRC).
A. Validity of Name approved by CRC:
All the powers of approval of Name for Company as well as LLP vested with CRC. Every type of Name approval having different validity/ reservation period as mentioned below:
| S. No. | Type of Name Approval | Validity Period |
| 1. | Name Approval for Incorporation of Company | 20 days from date of Approval |
| 2. | Change of Name of Company | 60 days from date of Approval |
| 3. | Change of Name of Company | 90 days from date of Approval |
| 4. | Name approval for Incorporation of LLP | 90 days from date of Approval |
B. Reason for Withdrawal:
As mentioned in Point A – once name approved by CRC shall be reserved for above mentioned days. Now if Company want to change the name because of any of the below mentioned reason or any other reason, then it is not allowed until expiry of reserve period.
- Chane in spelling of reserved name
- Change in any word of reserved name
- Chane in any alpha bate of reserved name; etc
C. Process of Withdrawal of Name:
There is no process given under Companies Act 2013 for withdrawal of Name after reservation from CRC. However, on the basis of our practical experience we are writing this process:
STEP – I:
Prepare an affidavit in the name of the person from whose MCA ID that name has been applied. Mention the following things in affidavit:
- Details of name already reserved along with SRN
- Reason for withdrawal of Name
- Request for cancellation of name.
STEP – II:
Get the affidavit print out on Stamp Paper as per the State Stamp Act and get notarized the same.
STEP – III:
Mail the following documents to CRC on their email id:
- Scan copy of Notarized Affidavit
- Pan and Aadhar of person signing the affidavit
- Name approval letter
*Mail should be send from the email id registered on MCA against that MCA login.
STEP – IV:
On receipt of mail by CRC, they will go through all the documents and if satisfied with the reason and documents then they will approve the cancellation of name and send a mail on the registered email id about the same.
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Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at [email protected]).
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