General Circular No. 7/2012- Name Availability Guidelines, 2011

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General Circular No. 7/2012

No.17/90/2011-CL-V

Dated:25 April 2012

Sub: Name Availability Guidelines, 2011

Sir,

Please refer to this Ministry’s earlier Circulars no.45/2011 dated 08.07.2011 and 48/2011 dated 22.07.2011 on the subject cited above. In this regard, I am directed to say that matter regarding availability of name by the system online without backend process by the Registrar of Companies (ROC) on certification given by practising professionals in the manner provided at Para 3 of the Circular no.45/2011 dated 08.07.2011 has been re-examined in this Ministry and it has been decided as under:-

(i) The facility of name approval through STP mode on certification by professional will continue to be available. However, such names will be put to online check by the system for ascertaining similarity with trademarks. If there is similarity of proposed name with any existing trademark, the work item will be transferred for processing in non¬STP mode.

(ii) All the names applications submitted in STP mode will be put for system check and if there is exact match of any of the two words (other than the words private limited/limited) proposed in new company’s name with any existing company’s name, then such name will also be processed in non-STP mode.

(iii) All the names approved in STP mode will be made available on the dash board of the concerned ROC for immediate examination. Such STP approved names will not be available for filing of incorporation documents up to:-

(a) 1900 hrs. of the same day, if the name through STP mode is approved by the system upto 1100 hrs. on any working day.

(b) 1900 hrs. of the any next working day if the name is approved after 1100 hrs. on any working day or on holiday/non-working day.

(iv) Name approval application in case of single word (other than words private limited/limied) shall not be processed in STP mode.

2. This circular shall be implemented w.e.f 20.05.2012

3. All RDs/ROCs should take note of this circular and ensure its compliance, and discrepancies, if any, should be brought to the notice of this Ministry immediately.