How to Change Your Company Name: A Step-by-Step Guide

Changing your company name can be a strategic decision for rebranding, aligning with a new vision, or expanding your business. However, this process involves following specific legal procedures to ensure regulation compliance. Here’s a step-by-step guide based on Section 26 of the Companies and Private Business Corporations Act.

Step 1: Obtain Written Approval from the Registrar

The process begins with the company or private business corporation passing a special resolution proposing the name change. This resolution must then be filed with the Registrar of Companies.

Before proceeding, the company or private business corporation must apply to the Registrar for written approval to change the name. This approval is mandatory and serves as the first step in formalizing the process.

Step 2: Publish a Notice of the Name Change

Once the Registrar grants written approval, the company must publicize the name change. This involves:

• Publishing an advertisement in the Government Gazette.
• Advertising in a daily newspaper that circulates in the district where the company’s registered office is located.

This ensures that stakeholders, clients, and the public are informed of the name change.

Step 3: Apply for a Certificate of Change of Name

After publishing the notice, the company or private business corporation must apply to the Registrar for a Certificate of Change of Name. This certificate is crucial as it officially records the new name in the Registrar’s register, replacing the former name.

Step 4: Update Relevant Registers and Documents

If the company holds property, mining titles, or other registered assets, it must notify the relevant authorities, such as the Registrar of Deeds or Mining Commissioner.

• Upon application and submission of the Certificate of Change of Name, these offices will update their records, title deeds, and other documents to reflect the new name.
• Note: Standard fees as prescribed under the Deeds Registries Act or Mines and Minerals Act apply for these updates.

Step 5: Legal Continuity of the Company

Changing a company name does not affect its legal rights or obligations. The company retains its previous responsibilities and legal standing. Any ongoing or future legal proceedings under the former name remain valid and can proceed under the new name.

Why Follow the Legal Process?

A properly executed name change ensures:

• Compliance with the law.
• Clear communication with stakeholders and the public.
• Continuity of the company’s legal and business operations.

Skipping any steps may result in penalties or delays, which could harm your business reputation.

Changing your company name is an opportunity for growth and rebranding. By following these clear steps, you can smoothly transition to your new identity while maintaining compliance and transparency.

For assistance with the name change process or other corporate governance matters, feel free to reach out!

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