Process for Withdrawal of Reserved Name from MCA (Company/ LLP)

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When you start a business, the first part is to choose a company name and get the same approved at MCA by filing Spice Part-A in case of private limited or other cathay of companies. But if we made any mistakes its very tough to hold 

MCA does not provide a separate e-form for withdrawal of an approved/reserved name. As per MCA SPICe+ FAQ, where a name has already been reserved and the applicant wants to reapply due to issues such as category/spelling mistake etc., the reserved name should first be withdrawn by making an application to CRC along with an affidavit for withdrawal and KYC details of the applicant.

Step-wise Process for Withdrawal of a Reserved Name from MCA

Where a company name has already been approved or reserved through SPICe+ Part A or RUN but the applicant wishes to withdraw it due to a spelling error, incorrect category, change in business plan or any other reason, the following procedure may be followed.

Step 1: Verify the Name Reservation Details

Before initiating the withdrawal request, keep the following details ready:

  • SRN of the name reservation application;

  • approved or reserved name;

  • date of name approval;

  • name and details of the applicant;

  • MCA login email ID through which the application was submitted; and

  • name approval letter or SRN acknowledgement.

Step 2: Prepare a Withdrawal Affidavit

Prepare an affidavit in the name of the applicant whose MCA login credentials were used for filing the name reservation application.

The affidavit should contain:

  • full name, address and identification details of the applicant;

  • SRN of the SPICe+ Part A or RUN application;

  • approved or reserved name;

  • date of approval of the name;

  • reason for seeking withdrawal;

  • confirmation that the proposed company has not been incorporated using the reserved name;

  • declaration that the applicant has no objection to the withdrawal and release of the name; and

  • a specific request to CRC to withdraw the reserved name from the MCA records.

Step 3: Execute and Notarise the Affidavit

The affidavit should be:

  • printed on appropriate non-judicial stamp paper as applicable under the relevant State Stamp Act;

  • signed by the applicant; and

  • duly notarised by a Notary Public.

The particulars in the affidavit should match the information appearing in the MCA name reservation application and the applicant’s KYC documents.

Step 4: Compile the Supporting Documents

The following documents should be attached to the withdrawal request:

  • duly signed and notarised withdrawal affidavit;

  • PAN card or other valid identity proof of the applicant;

  • address proof of the applicant;

  • name approval letter or SRN acknowledgement;

  • screenshot showing the approved name and status on the MCA portal, where available; and

  • any other document explaining the reason for withdrawal, where relevant.

Step 5: Send the Withdrawal Request to CRC

The withdrawal request should be sent by email to:

crc.escalation@mca.gov.in

As a practical measure, the email should preferably be sent from the same email address that is registered with the MCA login through which the name reservation application was filed.

Suggested Email Subject

Request for Withdrawal of Reserved Name – [Approved Name] – SRN [SRN Number]

The email should briefly state:

  • the reserved name;

  • SRN and date of approval;

  • reason for withdrawal;

  • name and contact details of the applicant; and

  • request for withdrawal and release of the approved name.

The MCA incorporation FAQ provides that an approved name may be withdrawn by applying to the CRC escalation email along with a withdrawal affidavit and KYC details of the applicant.

Step 6: Follow Up with CRC

CRC may examine the affidavit, KYC documents and name reservation details.

Where any clarification or additional document is required, the applicant should respond through the same email chain.

The applicant should not file another application for the same or substantially similar name until CRC confirms that the earlier reserved name has been withdrawn.

Step 7: Obtain Withdrawal Confirmation

Upon acceptance of the request, CRC generally communicates the withdrawal through email.

The withdrawal confirmation should be retained in the company incorporation records.

Step 8: Submit a Fresh Name Application

After receiving confirmation of withdrawal, the applicant may submit a fresh application through:

  • SPICe+ Part A, in the case of incorporation of a new company; or

  • RUN, where applicable, including an application relating to the change of name of an existing company.

The fresh application will be independently examined under the Companies Act, 2013 and the Companies (Incorporation) Rules, 2014.

Applicability of Rule 8 of the Companies (Incorporation) Rules, 2014

Rule 8 does not prescribe the procedure for withdrawal of a reserved name.

Rule 8 deals with proposed names that are identical with or too nearly resemble the name of an existing company. Rule 8A deals with names that may be considered undesirable. Rule 9 governs the application and reservation of a name.

Accordingly, the withdrawal request may refer to:

“Section 4(5) of the Companies Act, 2013, read with the applicable provisions of the Companies (Incorporation) Rules, 2014 and the MCA FAQs on Incorporation and Allied Matters.”

A specific reference to Rule 8 is generally not required merely for withdrawal of the reserved name.

However, Rule 8 and Rule 8A should be considered while applying for a fresh name, particularly where the earlier name is being withdrawn due to:

  • similarity with an existing company or LLP;

  • incorrect spelling or word arrangement;

  • inclusion of a registered trademark;

  • use of restricted or regulated words;

  • mismatch between the proposed name and principal business activity; or

  • any other ground relating to the desirability or availability of the proposed name.

Moreover, MCA has not prescribed a separate electronic form for withdrawal of an approved name under this administrative process. The request is made to CRC through email, supported by the withdrawal affidavit and the applicant’s KYC documents, in accordance with the MCA incorporation FAQ.

Must Know how to choose a company name at MCA ?

Difference Between Change of Name of an Existing Company and Withdrawal of a Reserved Name

The change of name of an existing company is different from the withdrawal of a reserved name. A change of name applies to a company that has already been incorporated and requires approval of the members, filing of the prescribed forms and approval from the Registrar of Companies. In contrast, withdrawal of a reserved name relates only to a name approved at the pre-incorporation stage, before the company is formed, and is generally processed through a request to the Central Registration Centre. 

Draft Format for letter or Application

Request for Withdrawal of Reserved Name – SRN [?]

Dear Sir/Madam,

We request you to kindly withdraw the name reserved under SRN [?].

The relevant details are as follows:

Reserved Name: [?]
SRN: [?]
Date of Approval: [?]
MCA User ID: [?]
Name of Applicant: [?]

The reserved name is required to be withdrawn due to [mention reason, such as spelling error, incorrect category, change in the proposed structure or decision of the promoters].

Please find attached the duly notarised withdrawal affidavit, KYC documents of the applicant and the name approval acknowledgement for your reference and necessary action.

You are requested to kindly take the request on record and withdraw the reserved name at the earliest, enabling us to submit a fresh name reservation application.

Regards,
[Name]
[Mobile Number]
[Email ID]

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