The most essential task before embarking on the journey of a new business venture in India is verifying your Company’s or Limited Liability Partnerships (LLP) name availability in the MCA database.

It’s crucial to confirm that your desired name is not already registered by another entity to avoid any legal complications in future.

So how do you check whether the name is free for you to use?

• The Ministry of Corporate Affairs (MCA) directs the shareholders to confirm that their chosen company / LLP name does not include any terms restricted under Section 4(2) and Section 4(3) of the Companies Act, 2013, as well as Rule 8 of the Companies (Incorporation) Rules, 2014.
• Before submitting an application for the desired name, stakeholders are encouraged to review and fully comprehend Rule 8 of Companies (Incorporation) Rules, 2014. Additionally, they should conduct a trademark search to ensure the proposed name complies with Section 4(2) of the Companies Act, 2013.
• Non-compliance may lead to the name being rejected.

   Hence, it is extremely crucial to verify the name before making the application.

Below are the reasons:

1. It helps prevent duplication and ensures compliance with Corporate laws.

2. Using a name already registered by another business could result in legal complications

3. A name check safeguards against potential trademark conflicts

4. If a similar name or logo is already trademarked, you risk infringing on intellectual property rights, leading to possible legal action.

5. It helps you protect from issues like domain squatting, where individuals purchase commonly sought-after domain names to resell them at inflated prices. 

Hence, conducting a thorough name search can save you from these challenges and set your business up for a smooth start. 

 In this article, we delve into the importance of confirming Company / LLP name availability and outline the procedure to check it in India.

For Company Name Availability

• Visit the Ministry of Corporate Affairs (MCA) Website and click on Name Availability under the Service Tab;

• Enter the proposed name of your Company in the ‘Name’ field and select ‘Company’ / ‘LLP’ from the drop down menu.

• Click on ‘Search’

• Results relating to the name availability will be generated;

Conclusion

By following all these steps, you should be able to check on the availability of the desired Company or LLP name as well as the laws that apply to it.

Disclaimer

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