Undertaking for Company Name Availability

UNDERTAKING FOR AVAILABILITY OF PROPOSED NAME

(For reservation of name under the Companies Act, 2013 / LLP Act, 2008 – RUN / SPICe+ / FiLLiP)

I/We, the undersigned, being the proposed [promoter(s) / subscriber(s) / director(s)] of the proposed company / LLP, do hereby solemnly undertake and declare as follows:

1. That we propose to incorporate a [Private Limited Company / Public Limited Company / LLP / OPC] under the name “[Proposed Name]” (and alternative name “[Alternative Name]”).

2. That the proposed name is not identical with, nor does it too nearly resemble, the name of any existing company, LLP or registered body corporate, and is in conformity with the Companies (Incorporation) Rules, 2014 and the provisions of Section 4 of the Companies Act, 2013.

3. That the proposed name does not infringe or violate any registered trade mark or an application for a trade mark pending registration under the Trade Marks Act, 1999; and where the name contains a registered trade mark, the requisite consent / No-Objection Certificate from the proprietor thereof has been obtained.

4. That the proposed name is not undesirable, and does not contain any word or expression which is prohibited or which requires prior approval of the Central Government or any regulator under Rule 8 / 8A / 8B of the said Rules, or, where such approval is required, the same has been / shall be obtained.

5. That the proposed name does not violate the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950.

6. That we undertake to bear all consequences, including cancellation of the reserved name and incorporation, and to indemnify the Registrar of Companies and any affected party, should any statement made herein be found to be false or should the name be found to infringe any existing name or trade mark.