Companles(Incorporation) Fifth Amendment Rules, 2O19

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION

G.S.R……..(E)._- In exercise of the powers conferred by sub-sections (1) and (2) of
section 469 of the Companies Act, 2Ol3 (18 of 2O13), the Central Government
nereby makes the following rules further to amend the Companles (Incorporationf
Rutes, 2014, namely: –
1. Short title and Commencement.- (l) These rules may be ca_lled tJre Companles
(Incorporation) Fifth Amendment Rules, 2O19.
{2) 1’hev shall come into force on Ltre date of t.treir pubtication in the Official
Gazette.
2 ln the Companies (lncorporation) Rules, 2O14, fot rrtie 8, the lbllowing rules
shali bc substltuf.ed, namely: –
‘J8. Names whlch resemble too nearly wlth name of existlng company.- (l) A
na-me applied lbr shall be deemed to resemble t-oo nearly lvirh the name of an
ixisting company, ir’, and only if, after c:gtnparing rhe nar:rc applied lbr with the
.name of a.n existirrg company by ciisregarding the matters ser out in sub-rule (2i,
the rrames are same.
{2)T}re following matters are to be disrega.rded while comparing the nanres under
sr-rb-rule (1):-
(a) the words hke Private, Pvt, FVt,, (P), OPC Rzt. L,tci.. IFSC Limited, IFSC
FVt. Limited, Producer Lrmited, Lirnited, Unlimited, Ltd, Ltd., LLP, Limited
Liability Partnership, company, and company, & co, & co., co., co,
corporatiorr, corp, corpn, corp or group;
(b) the piural or singular form of words in one or botti names;
A. Illustrations
(i) Green Technologr Ltd. is same as Greens Technologr Ltd. and
Greens Technologies Ltd.
(ii) Pratap Technologr Ltd. is same as Prataps Technologr Ltd. and
Prataps Technologies Ltd.
(iii)SM Computers Ltd. is not same as SMS Computers Ltd.
(c) type and case of letters, spacing between ietters, punctuation marks
and special characters used in one or both nafires:
B. Illustrations
(il ABC Ltd. is same as A.B.C. Ltd. and A B C Ltd.
‘(ii) T’eamWork Ltd. is same as Team@Work L,td. and Team-iVork Ltd.
(d) use ol different tenses in one or both names :
C. Illustratlons
Ascgnd Solutions Ltd. is same as Ascendecl Solutions Ltd. and
Ascending Solutions Ltd.
Speak English Solutions Limited is same as Spoken English
Solutions Limited.
(e) use of different phonetic spellings including use of misspelled words of
an expression;
D. Illustratlons
(i) Chemtech Ltd. is same as Chemtec Ltd., Chenrtek Ltd., Cemtech
Ltd., Cemtek Ltd., Kemtech Ltd., and Kemtek Ltd.
(ii) Bee Kay Ltd is same as BK Ltd, Be Kay Ltd., B Kay Ltd., Bee K
Ltd., B.K. Ltd. and Beee Kay Ltd.
(f) use of host name such as \rww’ or a domain extension such as .net’.
brg’, ‘dot’ or ‘com’ in one or both names;
,(i).
(i0
E. Illustratlons
, (i) Ultra Solutions Ltd. is same as Ultrasolutions.com Ltd.
(ii) Supreme Ultra Solutions Ltd. is not the same as
Ultrasolutions.com Ltd.
(g) the order of words in the names;
F. Illustratlons
(i) Ravi Builders and Contractors Ltd. is sarne as Ravi Contractors
and Builders Ltd.
(ii) Ravi Builders and Contractors Limited is not tl’re same as Ravi
Shankar Builders and Contractors Lirnited.
(h) use of the definite or indefinite article in one or both names;
G. Illustratlons
(i) Congeniai Tours Ltd. is sarne as A Congenial Tours Ltd. and The
Congenial Tours Ltd.
(ii) Isha Industries Limited is not the same as Anisha Industries
Lirnited.
(i) a slight variation in the spelling of the two names including a
grammatical variation thereof;
H. Illustratlons
(i) Color Technologies Ltd. is same as Colour Tectrnologies Ltd.
(ii) Disc Solutions Ltd. is same as Disk Solution.s Ltd. but it is not
sarne as Disco Solutiorrs Ltd.
, (t) complete translation or transliteration, and not part thereof, of an
existing name, in Hindi or in English;
.
L lllusttatlons
(i) National Electricity Corporation Ltd. is same as Rashtriya Vidyut
Nigam Ltd.
(ii) Hike Construction Ltd. is not the same as Hike Nirman Ltd.
(k) addition of the name of a place to an edsting name, which does not
contain the name of any place;
J. Illustratlons
(i) If Salvage Technologies Ltd. is an exi sting name, it is same as
Salvage Teghnologies Delhi Ltd and Salvage Delhi Technologies
Ltd.
(ii) Retro Pharmaceuticals Ranchi Ltd. is not the same as Retro
Pharmacer:ticals Chennai Ltd.
(1) addition, deietion, or modifrcation of numerals or expressions denoting
numerals in a4 existing name, unless the nurneral represents arty brand;
K. Illustrations
(i) Thunder Services Ltd is same as Thunderl l Services Ltd and
C)neTh under Services Ltd
(ii) Style Garmentsl l Ltd. is same as Style Garments Ltd and
Stylel2 Garments Ltd.
(iii)One 1 I Povrer Equipment Ltd is not the same as One Power
Equipment Ltd, if One 11 represents a brand:
Provlded. that clauses l0 to (hl and clauses (kl and ltf shall not be
disregarded while comparlng the names, lf a no objection by way of a
Board resolutlon has been provlded by an exlstlng company.