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HomeBlogSection 8 Company Name Rules and Change Procedure in India
Section 8 Company

Section 8 Company Name Rules and Change Procedure in India

Joel Dsouza
Updated:
21 min read
section 8 company name rules and change procedure in india

A Section 8 company name must comply with Section 4 of the Companies Act, 2013, and Rule 8 of the Companies (Incorporation) Rules, 2014. The name must reflect a charitable, educational, social, or non-profit purpose using accepted words like “Foundation”, “Forum”, “Council”, “Federation”, “Institute”, “Association”, “Mission”, or “Organization”. Section 8 companies are exempt from using “Private Limited” or “Limited” suffixes under their licence.

To change a Section 8 company’s name, the procedure involves: board resolution, RUN application on MCA V3 portal with ₹1,000 fee, Extraordinary General Meeting with 21-day notice, special resolution requiring 75% member approval, filing Form MGT-14 within 30 days, filing Form INC-24 within 30 days, and receiving the fresh Certificate of Incorporation in Form INC-25. The approved name remains valid for 60 days during a name change (20 days for new incorporation). Post-approval, the organization must update its name across PAN, GST, FCRA, 12A, 80G, CSR-1, DARPAN, and banking records.

Following the Section 8 company name rules before filing reduces the risk of rejection, delays, and repeat ₹1,000 application fees. This guide explains the complete naming framework under Rule 8, the criteria for Section 8 company name approval, the step-by-step name change procedure, and the post-change compliance updates required across all licences and registrations.

Key Takeaways

  • A Section 8 company name must comply with Section 4 of the Companies Act, 2013, and Rule 8 of the Companies (Incorporation) Rules, 2014.
  • The name should reflect the organization’s charitable or non-profit purpose and remain unique from existing companies, LLPs, and trademarks.
  • Section 8 companies cannot use commercial suffixes such as “Private Limited,” “Pvt. Ltd.,” “Limited,” or “Ltd.” in their names.
  • Words that suggest profit-making activities or unauthorized government association may lead to rejection during the MCA review process.
  • Before applying, promoters should check the Section 8 company name availability through the MCA portal and conduct a trademark search.
  • An approved name remains valid for 20 days for incorporation and 60 days for an existing company seeking a name change.
  • The procedure for the change of name of a Section 8 company includes board approval, name reservation, member approval through a special resolution, and MCA filings.
  • Form MGT-14 and Form INC-24 are the key filings required for the name change of a Section 8 company.
  • After receiving the fresh Certificate of Incorporation, the organization must update its name across PAN, GST, bank accounts, licenses, contracts, and other official records.

What is a Section 8 Company and Why Does Its Name Matter?

A Section 8 company is a legal entity registered under Section 8 of the Companies Act, 2013, for purposes such as promoting education, science, art, religion, charity, environmental protection, or sports. With Section 8 Company registration, the entity applies all its income toward:

  • Promoting its stated charitable or social objectives
  • Reinvesting in activities that support its core purpose
  • Ensuring no profit distribution among members

These entities were earlier registered as Section 25 companies under the Companies Act, 1956, before the 2013 Act replaced that framework.

The name of a Section 8 company holds legal and reputational significance because it helps stakeholders understand the organization’s purpose and credibility. The MCA reviews every Section 8 company name to:

  • Ensure the name reflects a genuine non-profit purpose.
  • Prevent names that may mislead the public about the organization’s activities.
  • Verify that the proposed name does not conflict with existing company or LLP names.
  • Check whether the name infringes any registered trademark rights.

A well-chosen name for a Section 8 company builds trust with stakeholders and avoids unnecessary name change costs later.

Section 8 Company Name Rules Under the Companies Act, 2013

The legal framework for naming a Section 8 company comes from two primary sources:

  1. Section 4 of the Companies Act, 2013, sets out the general conditions that all company names must meet.
  2. Rule 8 of the Companies (Incorporation) Rules, 2014 provides the specific list of permitted and prohibited words and expressions. 

The MCA’s Central Registration Centre (CRC) applies both sets of rules when reviewing every name application submitted through the RUN service on the MCA portal.

Mandatory Conditions Every Section 8 Company Name Must Meet

The MCA will reject any proposed Section 8 company name that fails to meet the following mandatory conditions. The name must:

  • Not end with the words “Private Limited,” “Pvt Ltd,” “Limited,” or “Ltd.” Section 8 companies are exempt from using these commercial suffixes under their license, and including them makes the name non-compliant.
  • Include words that reflect a charitable, educational, or non-profit purpose. Words such as “Foundation,” “Forum,” “Association,” “Federation,” “Confederation,” “Council,” “Electoral Trust,” “Academy,” “Institute,” “Mission,” or “Organization” are widely accepted and commonly used in approved names.
  • Be unique and clearly distinct from the name of any existing company or Limited Liability Partnership registered with the MCA across India.
  • Do not include profit-linked or commercial words such as Business, Enterprise, Trade, Commercial, Industry, or Profit, as these suggest a for-profit character that contradicts the Section 8 classification.
  • Not imply government association or patronage. Words such as “National,” “Union,” “Central,” “Federal,” “Republic,” “President,” and “State” require prior approval from the Central Government before they can appear in a company name.
  • Not to violate the rights of any registered trademark. The MCA conducts a trademark search during name review under Section 4(2) of the Companies Act, 2013, and names that closely resemble a registered trademark will be rejected.
  • Not include any expression that the Central Government considers offensive, undesirable, obscene, or likely to mislead the public about the nature of the organization.

Words Permitted and Commonly Used in Section 8 Company Names

Choosing the right words is the most important step in building a strong and approvable Section 8 company name. The following categories of words appear in approved names of Section 8 companies in India and work well within the MCA guidelines:

  • Purpose words that describe the sector of activity: Education, Health, Welfare, Research, Development, Environment, Heritage, Culture, Empowerment, Relief, Rural, Urban, Digital, Sports, Arts, Women.
  • Organizational structure words that signal non-profit character: Foundation, Forum, Council, Institute, Federation, Association, Confederation, Academy, Mission, Organization, Centre, Network, Collective.
  • Geographic or community identifiers: Names may include a region, city, state, or community the organization serves, provided the name as a whole is unique and not misleading about the geographic scope.

A well-constructed name of a Section 8 company combines a purpose word with an organizational word to create a name that is both descriptive and distinctive. Examples of compliant and well-structured names include: 

  • India Women Education Foundation
  • Green Earth Environment Council
  • Rural Health Empowerment Forum
  • Digital Heritage Research Institute   

How to Check Section 8 Company Name Availability?

Before submitting any formal application, every promoter must verify the Section 8 company name availability on the MCA portal. The MCA provides two tools for this purpose, and checking both before filing the application reduces the risk of rejection.

The MCA portal (mca.gov.in) provides a free company name search facility under the Master Data section. A promoter can enter the proposed name and check whether any existing company or LLP uses the same or a similar name. The search covers all active, dormant, and struck-off entities registered with the ROC across India.

Tip: Before submitting the ₹1,000 RUN application, check the proposed name on the MCA Master Data search (free) and the IP India trademark database (also free). Both portals provide instant verification. Many rejections happen because applicants check only one of the two; a name available on MCA may still conflict with a registered trademark, leading to rejection during CRC review.

The Intellectual Property India portal (ipindia.gov.in) provides access to the trademark database. A promoter must search the proposed name against registered and pending trademarks in the relevant class before submitting the name application. Using a name that matches a registered trademark results in rejection and loss of the ₹1,000 application fee.

RUN Application for Name Change of Section 8 Company

After completing the pre-checks, the promoter submits the name for formal reservation through the Reserve Unique Name (RUN) service on the MCA portal. The company uses RUN only for name change purposes, not for new company incorporation. 

The following points apply to the RUN application for a Section 8 company name:

  • Only a registered user of the MCA portal can file a RUN application.
  • The applicant can propose up to two names in a single RUN application.
  • The application fee for each RUN submission is ₹1,000, and the MCA does not refund this fee if the name is rejected.
  • An approved name remains valid for 20 days for a new company incorporation and for 60 days for an existing company changing its name.
  • The RUN application is processed by the Central Registration Centre (CRC), which reviews the proposed names against all applicable name guidelines.
  • If the name is rejected, the applicant must submit a fresh RUN application with a new name and pay ₹1,000 again.

Since July 14, 2025, the MCA has migrated several incorporation-related processes to the MCA V3 portal. Applicants must ensure they use the V3 portal for all name-related filings, as the V2 portal is no longer operational for new submissions.

What is the Procedure for the Change of the Section 8 Company Name?

The procedure for the change of name of a Section 8 company involves more steps than an ordinary company name change because it operates under a Central Government licence. The complete process is as follows:

Step 1: Conduct a Board Meeting and Pass the Board Resolution

The board of directors holds a meeting and passes a board resolution for the change of name of the Section 8 company. The board resolution must record the decision to propose a new name, authorize the filing of the RUN application on the MCA portal, and appoint an authorized signatory to complete all subsequent steps. 

The resolution is recorded in the board meeting minutes and forms part of the official documentation for the entire process.

Step 2: Check Name Availability and File RUN Application

After passing the board resolution, the authorized representative checks the Section 8 company name availability on both the MCA portal and the trademark registry. If the proposed name is available and meets all applicable naming rules, the representative files the RUN application on the MCA V3 portal with a fee of ₹1,000. 

On approval, the CRC issues a name reservation letter. For a name change, the approved name remains valid for 60 days, within which all subsequent filings must be completed. 

Step 3: Convene an Extraordinary General Meeting (EGM)

After receiving the RUN name reservation approval, the company convenes an Extraordinary General Meeting (EGM) of its members within the 60-day validity period. The company issues the EGM notice to all members at least 21 clear days before the meeting under Section 101 of the Companies Act, 2013. The notice must include an explanatory statement under Section 102 explaining the reason for the name change and the proposed amendments to the Memorandum of Association (MOA) and Articles of Association (AOA).

Note: Section 8 companies do not require separate Central Government approval for a name change (this requirement was removed by the Companies (Amendment) Act, 2017). Central Government approval is required only for converting a Section 8 company into a regular company under Section 8(4), not for name changes.

Step 4: Pass a Special Resolution

At the EGM, members pass a special resolution approving the name of the Section 8 company change. At least 75% of votes must support the resolution. The company records attendance, voting details, and objections, as MCA requires complete documentation for filings.

Step 5: File Form MGT-14 with the ROC

Within 30 days of passing the special resolution at the EGM, the company files Form MGT-14 with the Registrar of Companies on the MCA V3 portal. This form registers the special resolution with the ROC and must be accompanied by the following documents:

  • A certified copy of the special resolution passed at the EGM.
  • The EGM notice and the explanatory statement issued to members.
  • An extract of the minutes of the EGM recording the voting outcome.
  • Amended copies of the MOA and AOA reflecting the proposed new name.

The form requires a valid Digital Signature Certificate (DSC) of an authorized director and must be certified by a practicing Chartered Accountant, Company Secretary, or Cost Accountant before submission.

Step 6: File Form INC-24 with the ROC

After the ROC approves MGT-14, the company files Form INC-24 on the MCA V3 portal as the formal application for the change of name of the Section 8 company. This form must also be filed within 30 days of passing the special resolution. The following documents must be attached to the INC-24 application:

  • The Service Request Number (SRN) of the approved RUN application.
  • The SRN of the approved MGT-14 filing.
  • Amended copies of the MOA and AOA reflecting the new company name.
  • A copy of the special resolution and the EGM notice.
  • A brief statement of the reason for the name change.

Late filing of Form INC-24 beyond 30 days attracts graded additional fees under the Companies (Registration Offices and Fees) Rules, 2014:

  • Up to 15 days delay: 1× normal fee
  • 16 – 30 days: 2× normal fee
  • 31 – 60 days: 4× normal fee
  • 61 – 90 days: 6× normal fee
  • 91 – 180 days: 10× normal fee
  • Beyond 180 days: 12× normal fee

If the delay exceeds 270 days from the date of passing the special resolution, the company must apply to the National Company Law Tribunal (NCLT) for condonation of delay under Section 460 of the Companies Act, 2013, which involves additional legal costs, professional fees, and longer timelines.

Step 7: Receive the Fresh Certificate of Incorporation

After reviewing the MGT-14 and INC-24 filings, the ROC issues a fresh Certificate of Incorporation in Form INC-25 reflecting the new name of the Section 8 company. The company must not use the new name for any legal, financial, or official purpose until it receives this certificate.

The company’s Corporate Identification Number (CIN) remains unchanged, and only the registered name of the Section 8 company changes. Form INC-25 serves as the definitive proof of the name change and must be preserved as a permanent statutory record of the organization. 

MCA Forms and Timelines for Section 8 Company Name Change

The table below lists all the forms involved in the procedure name change of the Section 8 Company, along with their purpose, filing deadline, and the consequences of late submission:

FormPurposeFiling DeadlineLate Fee / Consequence
RUN (Reserve Unique Name)Reserve the proposed new name on the MCA V3 portalBefore EGM, the reservation is valid for 60 days from CRC approvalNo resubmission on first rejection; fresh fee of ₹1,000 for new application (1 free resubmission within the same fee window)
Form MGT-14Register the special resolution with the ROCWithin 30 days of EGMGraded additional fees (1× to 12×); NCLT condonation if delay > 270 days
Form INC-24Apply for name change approval from the ROCWithin 30 days of EGMGraded additional fees (1× to 12×); NCLT condonation if delay > 270 days
Form INC-25Fresh Certificate of Incorporation issued by the ROC reflecting the new nameIssued by ROC after approval of MGT-14 and INC-24N/A — issued automatically; preserves original CIN

Completing the correct forms within the prescribed deadlines is essential to avoid penalties and ensure the name change is processed without delays. 

Note on RUN: An applicant may propose 2 names in a single RUN application and gets 1 free resubmission if both are rejected (effectively 4 attempts per fee cycle). If all 4 attempts are exhausted, a fresh ₹1,000 fee is required for the next application.

Documents Required for Section 8 Company Name Change

Maintain a complete documentation file before initiating the name change procedure. The MCA review process verifies the following:

StageDocument Required
Board Resolution StageCertified copy of board resolution authorising the name change and RUN application; board meeting minutes
RUN ApplicationNOC from existing trademark owner (if applicable); justification note (optional but recommended)
EGM StageEGM notice with 21-day period; explanatory statement under Section 102; attendance register; voting record
MGT-14 FilingCertified copy of special resolution; EGM notice + explanatory statement; extract of EGM minutes; amended MOA and AOA
INC-24 FilingSRN of RUN approval; SRN of MGT-14 filing; amended MOA and AOA; copy of special resolution; statement of reasons for name change
Digital Signature CertificateValid DSC of authorised director; DSC-based certification by practising CA, CS, or Cost Accountant
Post-Approval RecordsForm INC-25 (fresh Certificate of Incorporation); updated MOA, AOA, share certificates, and statutory registers

Every form must be filed on the MCA V3 portal and certified using a valid Digital Signature Certificate (DSC) of an authorised director.

Post-Name-Change Compliance for Section 8 Companies

Receiving Form INC-25 (Fresh Certificate of Incorporation) marks the completion of the legal name change, but the Section 8 company must still update its name across all records. The following updates must be completed after a successful name change of the Section 8 company:

  • Update the company name on PAN and TAN records with the Income Tax Department by submitting a change request with a copy of the fresh Certificate of Incorporation.
  • File for an amendment of the GST registration on the GSTN portal to reflect the new registered name of the organization.
  • Notify all the company’s banks in writing to update the name on all accounts, fixed deposits, and standing instructions held in the organization’s name.
  • Update the organization’s name on all licenses and registrations, including FCRA registration, DARPAN portal registration, 12A registration, 80G certification, CSR-1 registration, state trust or society registrations (where applicable), and any other sector-specific approvals.
  • Replace all official stationery, letterheads, rubber stamps, visiting cards, website pages, and signage with the new name.
  • Update the new name in all existing contracts, donor agreements, grant letters, and MoUs where the change has legal or operational significance.

Failing to update these records on time creates compliance mismatches that attract notices from tax and regulatory authorities. 

Common Reasons Why Section 8 Companies Need to Change Their Name

An existing Section 8 company may need to change its registered name for multiple practical and strategic reasons. The most common reasons include the following:

  • Expansion of activities: An organization that began with a narrow focus, such as rural education, may expand into health and livelihood support. The original name may no longer reflect the full scope of activities, and a new name better represents the organization’s evolved purpose.
  • Rebranding and identity refresh: Some organizations undertake a rebranding exercise to modernize their image and appeal to new donor segments. They also align their identity with national or international partner organization standards.
  • Change in organizational objectives: Members may amend the core objectives of a Section 8 company through a resolution. The existing name may then become inconsistent with the updated MOA, requiring a new aligned name.
  • Merger or restructuring: Two Section 8 companies that merge their operations often adopt a new combined name that reflects the merged entity’s identity and scope.
  • Name confusion or legal conflict: An organization may discover after incorporation that another entity has a similar name, creating donor or regulatory confusion. Proactively changing the name avoids future legal disputes and reputational issues.

A Section 8 company name change is a structured but procedurally exacting process; every misstep, from a non-compliant name to a missed MGT-14 deadline, can extend the timeline by weeks and increase costs by graded multiples of the original fee. The Companies (Amendment) Act, 2017, simplified the procedure by removing the earlier requirement of Central Government approval for routine name changes, but the dual filing of MGT-14 and INC-24 within 30 days of the EGM remains the most common compliance failure point.

Organisations planning a name change should ideally:

  • Conduct both MCA and trademark searches before filing RUN (saves the ₹1,000 fee on rejections)
  • Schedule the EGM within 30-40 days of RUN approval to leave buffer for MGT-14 and INC-24 filings
  • Brief all licence-issuing authorities (FCRA, 12A, 80G, DARPAN, GST, banks) before the name change to anticipate updated timelines
  • Maintain a post-INC-25 compliance calendar to ensure all updates happen within 30 days of receiving the fresh Certificate of Incorporation

For ongoing compliance support, founders may also need help with Section 8 company registration, 12A and 80G registrations, FCRA registration, and overall Section 8 company compliance to maintain non-profit status across all stages.

Contact us today for expert assistance with Section 8 company name approval and name change procedures!