Company Name Approval Rules in MCA: Rule 8 & Rule 8A

Company Name Approval Rules in MCA

The Ministry of Corporate Affairs approves company names against two tests: Rule 8, which blocks names that are identical or too similar to an existing company, LLP, or trademark, and Rule 8A, which lists specific words that are restricted or need prior regulatory approval. Every proposed name also has to carry a genuinely distinct word, not just a generic business descriptor plus a suffix like "Private Limited." Roughly 30 to 40 percent of name applications get rejected on the first attempt, almost always for one of a handful of repeat reasons.

This page is part of the same cluster as our Private Limited Company Registration guide, which walks through the full incorporation process end to end. Here, the focus stays narrow: the actual rules the Central Registration Centre (CRC) applies when it decides whether your name gets approved or bounced back.

Quick Answer: How MCA Decides on a Name

1. Rule 8 checks whether the name is identical to, or "too nearly resembles," an existing company, LLP, or trademark.
2. Rule 8A lists categories of names the MCA treats as undesirable outright, plus words that need a regulator's no-objection certificate before they can be used.
3. Rule 8B covers words that require prior Central Government approval.
4. Every name filed through SPICe+ Part A is run against the MCA21 company/LLP database and the IP India trademark register before a decision is issued, usually within one to three working days.
5. An approved name is reserved for 20 days, extendable up to 60 with additional fees under Rule 9A.

Where This Sits in the Companies Act

Name approval is governed by Section 4 of the Companies Act, 2013, read with the Companies (Incorporation) Rules, 2014, specifically Rules 8, 8A, 8B, 9, and 9A. In practice, this plays out through the MCA portal in one of two ways:

• SPICe+ Part A – the route for reserving a name for a brand-new company. This is bundled into the same form used for incorporation, so approving the name and filing for incorporation can happen as one continuous process.
• RUN (Reserve Unique Name) – since February 2020, RUN is no longer used to reserve a name for a new company. Today it's used almost entirely for renaming an existing company or LLP. If you're incorporating fresh, SPICe+ Part A is the form you want, not RUN. This is a distinction a lot of guides skip, and it trips up founders who go looking for a RUN link that no longer applies to them.

Rule 8: What Makes a Name "Undesirable"

Rule 8 is the core similarity test. A proposed name fails it if it's identical, or "too nearly resembles," the name of:

• An existing company or LLP, active or struck off within the last two years.
• A registered trademark in the same class of goods or services, unless the applicant holds that trademark or has the owner's written consent.

The comparison disregards certain elements when checking for similarity, which is exactly why the "just add a word" trick often doesn't work. Words like "Private," "Pvt," "Limited," "Ltd," "LLP," "Company," "& Co," and "Corporation" are ignored when the CRC compares two names. So is a standalone geographic prefix: "Delhi Tech Solutions Private Limited" and "Mumbai Tech Solutions Private Limited" are treated as the same name for comparison purposes, because swapping the city doesn't create a distinct identity. Phonetic similarity counts too. A name that sounds identical when spoken, even with different spelling, such as "TechVista" against "TekVysta," gets rejected on the same grounds as an exact match.

The fix: the distinctive part of your name has to do the actual work. A descriptor plus a suffix isn't enough on its own.

Rule 8A: Restricted and Undesirable Name Categories

Rule 8A sets out the categories of names the CRC treats as automatically undesirable, unless the applicant has obtained the specific prior approval each category requires. The main categories are:

Words That Need Regulator or Government Approval First

A separate set of words is allowed, but only with a no-objection certificate from the relevant regulator or the Central Government attached to the application. These trip up applicants more than outright-banned words do, because the word itself isn't forbidden, it's just gated:

• "Bank," "Banking," "Banker" and derivatives need an NOC from the Reserve Bank of India.
• "Insurance," "Stock Exchange," "Mutual Fund," "Venture Capital," "Asset Management," "Nidhi" need clearance from the relevant regulator (IRDAI, SEBI, or RBI, depending on the term) before the CRC will approve the name.
• "State" cannot be used unless the company is actually a government company.

Certain scale-implying words also carry minimum authorised capital requirements before they're allowed:

• "International," "Continental," "Asiatic," "Hindustan," "Bharat" require a minimum authorised capital of ₹1 crore.
• "India," "Indian," "Corporation" require a minimum authorised capital of ₹5 lakh.

If your business plan genuinely calls for one of these words, the fix isn't to avoid the word, it's to plan your authorised capital and NOC paperwork before you file, not after a rejection.

Names Involving a Foreign Country

If your proposed name includes the name of a foreign country or city, the CRC expects proof of a genuine business relationship with that country, such as an MOU with a company based there. Where a name combines India with another country's name (for example, "India Japan"), it's only allowed where there's government-to-government participation or patronage behind it, and it can never reference a country India doesn't have diplomatic relations with.

The Significance Section

Every SPICe+ Part A filing includes a short write-up explaining what the proposed name means and why it fits the business. This isn't a formality the CRC skims past. A weak or generic significance section, one that doesn't actually explain the connection between the invented word and the business activity, is a documented reason names get sent back for resubmission even when the name itself doesn't breach Rule 8 or 8A. Write it specifically: what the word means or where it comes from, and how it connects to what the company actually does.

Name Format: The Three Parts That Have to Be There

A compliant name has three components:

1. A distinctive component – an invented word or a genuinely unique combination, not a generic business term.
2. A business descriptor (optional but common) – indicates the nature of the activity, such as "Technologies" or "Foods."
3. The correct suffix for the entity type – "Private Limited" for a private company, "(OPC) Private Limited" for a One Person Company, "LLP" for a limited liability partnership.

Skipping the descriptor is fine. Using the wrong suffix, or a suffix that doesn't match the entity type you're actually registering, is not.

Reservation Validity and Extensions (Rule 9 and Rule 9A)

Once approved, a name is reserved for 20 days from the date of approval, and the SPICe+ Part B incorporation filing needs to be completed within that window. If more time is needed, Rule 9A allows extensions:

If the reservation lapses without incorporation, the name has to be applied for again from scratch, with a fresh fee.

The NOC Exception for Similar Names

Rule 8's similarity test has one built-in exception. If your proposed name is close to an existing company's name but you're part of the same corporate group, or the existing company has no objection, an NOC via board resolution from that company can allow the CRC to approve a name that would otherwise conflict. This is how, for instance, a subsidiary is sometimes permitted to use a variation of its parent company's name. The CRC evaluates these case by case, so it isn't a guaranteed workaround, but it's worth knowing before you assume a close variant is automatically off the table.

Why Names Actually Get Rejected: The Repeat Offenders

Across name-rejection data compiled by incorporation practitioners, a small set of causes accounts for most of the failures:

• Phonetic or visual similarity to an existing company, LLP, or trademark, including struck-off entities from years ago that still sit in the database.
• A name that's purely descriptive of the business activity, with no distinctive word doing the actual work.
• Restricted words like "Bank," "National," or "India" used without the matching NOC or capital threshold.
• A weak or copy-pasted significance section that doesn't explain the name.
• Wrong or mismatched suffix for the entity type being incorporated.

Running the proposed name through both the MCA21 database and the IP India trademark register before filing catches most of these before they cost you the reservation fee and 15 or more days of waiting on a resubmission cycle.

How Name Approval Works, Step by Step

1. Shortlist two to three name options, each with a genuinely distinctive component, in case your first choice conflicts.
2. Search the MCA21 database for existing companies and LLPs with similar names, and the IP India trademark register for conflicting marks.
3. File SPICe+ Part A, entering both proposed names in order of preference along with the significance section for each.
4. CRC review, typically completed in one to three working days.
5. Approval or rejection. If rejected, you generally get one free resubmission before a fresh application and fee become necessary.
6. Proceed to SPICe+ Part B within the 20-day reservation window to complete incorporation, or file for an extension under Rule 9A if you need more time.

If you'd rather not manage the document side of Part B once your name clears, our documents checklist for private limited company registration covers exactly what's needed next.

Frequently Asked Questions

Can I use the RUN form to reserve a name for a new company?

No, not since February 2020. RUN is now used for renaming an existing company or LLP, and for LLP name reservation. New companies reserve their name through SPICe+ Part A instead.

How many name options can I submit in one application?

SPICe+ Part A allows two proposed names, listed in order of preference.

What happens if both proposed names get rejected?

You typically get one free resubmission, where the CRC reopens the name field so you can replace one or both names or strengthen the significance section. If the resubmission also fails, a fresh application with a new fee is required.

Does getting a name approved by MCA also protect it as a trademark?

No. MCA name approval only confirms the name is available for company registration purposes. It doesn't grant trademark rights. A separate trademark application is needed for that protection; see our trademark registration guide if brand protection is part of your plan.

Can I register a company with the same name as one that was struck off years ago?

Only if it was struck off more than two years ago. Names identical to a company dissolved through liquidation within the last two years are treated as undesirable under Rule 8A.

Do words like "Private" or "Limited" help my name pass the similarity check?

No. These suffix-type words, along with "& Co," "Company," and "Corporation," are disregarded entirely when the CRC compares your proposed name against existing ones. The distinctive part of the name is what has to differ.

Is there a fee for reserving a name through SPICe+ Part A?

Filing SPICe+ Part A on its own, without proceeding to incorporation, does carry a nominal cost, and extensions under Rule 9A carry their own fees as outlined above. Confirm the current fee schedule on the MCA portal before filing, since fee notifications are updated from time to time.

Get Your Name Checked Before You File

A name that looks fine to you can still fail Rule 8's phonetic test or a trademark conflict you didn't know existed. LegalDev runs a name availability and trademark cross-check before filing SPICe+ Part A, so you're not spending 15 days waiting on a resubmission for a name that was never going to clear. Talk to a LegalDev expert or see the complete Private Limited Company Registration process to get started end to end.