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August 5, 2013

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  1. NAME AVAILABILITY GUIDELINES, 2011- Registration of Electoral Trusts as Companies under Section 25 of the Companies Act, 1956.

  2. The MCA has, vide General_Circular_12/2013.pdf dated 28.06.2013, made modifications to the Para No. 9 of General Circular No. 45 dated 08.07.2011, which is explained as follows:

    • If the name of the company includes the words indicative of a separate type of business constitution or legal person or any connotation thereof, the same shall not be allowed.

    Example: Cooperative, Sehkari, trust, LLP, Partnership, Society, proprietor, HUF, Firm, Inc., PLC, GmbH, SA, PTE, Sdn, AG etc.
    • Name including phrase 'Electoral Trust' may be allowed for registration of companies to be formed U/s 25 of the Act, under the Electoral Trusts Scheme, 2013, as notified by CBDT.

    • Such Sec. 25 company shall be a new company, and shall be required to comply with section 293-A of the Act.

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