Introduction

The name of a One Person Company (OPC) is a crucial element of its legal identity and brand recognition. Choosing and reserving a unique and compliant name is the first formal step in the OPC incorporation process under the Companies Act, 2013. The name must align with the naming guidelines prescribed by the Ministry of Corporate Affairs (MCA) and must be approved by the Registrar of Companies (RoC) before the incorporation can proceed. This article outlines the step-by-step process for reserving a name for an OPC in India.

Understanding Name Guidelines

Before applying, the proposed name must comply with the rules specified in Rule 8 of the Companies (Incorporation) Rules, 2014. The name should not be identical or too closely resemble an existing company or trademark. It must also not contain offensive, misleading, or prohibited terms and should reflect the main objects of the company.

Use of the Suffix “(OPC) Private Limited”

The name of every OPC must end with the phrase “(OPC) Private Limited”. This suffix indicates the legal structure of the company and distinguishes it from other types of companies. The inclusion of this suffix is mandatory and must be considered while finalizing the name.

Checking Name Availability

The applicant must check the availability of the proposed name using the “Check Company Name” service on the MCA portal. This step helps avoid rejection due to duplication or similarity with existing names or trademarks. It is advisable to search both MCA records and the trademark database.

Applying Through Part-A of SPICe+

Name reservation for an OPC is done by filing Part-A of the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form. This form allows applicants to submit one or two proposed names along with the business objectives and category of the company. This is done online through the MCA portal.

Government Fee for Name Reservation

A nominal government fee of ₹1,000 is charged for submitting Part-A of the SPICe+ form for name reservation. This fee is non-refundable, even if the proposed name is rejected. Therefore, it is recommended to propose a name that clearly reflects the business activity and adheres to naming rules.

Approval from Registrar of Companies

Once the SPICe+ Part-A is submitted, the name is examined by the RoC. If the name is found to be unique and compliant, it is approved and reserved for a period of 20 days. During this period, the applicant must file the full incorporation application using Part-B of SPICe+.

Resubmission in Case of Rejection

If the name is rejected, the applicant is given a chance to resubmit the form with a new name without paying an additional fee. However, only one resubmission is allowed per application. Repeated rejections will require a fresh submission and fee payment.

Name Reservation with Trademark Consideration

If the proposed name includes a registered trademark, a No Objection Certificate (NOC) from the trademark owner must be attached with the application. This is a mandatory requirement, and failing to submit the NOC will result in rejection of the name reservation request.

Conclusion

Reserving a suitable and legally compliant name is an essential first step in incorporating a One Person Company in India. The process involves careful selection, adherence to naming guidelines, and timely filing through the MCA’s SPICe+ platform. Ensuring that the name is distinctive, relevant, and compliant not only speeds up the approval process but also lays the groundwork for a strong brand identity. By following the structured procedure, entrepreneurs can secure their preferred company name and move forward with incorporation confidently and legally.

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