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Guidelines for name of a Proprietorship concern / Firm / Trade
Guidelines of the Council for name of a Proprietorship concern / Firm /
Trade under Regulation 169 of the Company Secretaries Regulations, 1982.
A trade or firm or concern
name shall be restricted to the name(s) of the proprietor/partners
or a name which is already in use.
A trade/firm name may
include the name(s) of the member(s) as it/they appear in the
Register of Members in the following manner:
For Sole proprietorship
Name comprising first name
and/or middle name and/or surname of the member, in any order, with
or without commonly used suffix or prefix
Initials of the first name
and/or middle name and/or surname, in whichever order
Combination of (a) and (b) above, in any order
Parts of or prevalent
abbreviations of or acronyms of commonly used names alongwith any
combination referred to in (c) above
For Partnership firm:
Full surnames of two or
Full first names of two or
Combination of first names
and / or middle names and/or surnames of two or more partners with
or without commonly used suffix or prefix
Combination of initials of
first names and/or middle names and/or surnames of the two or more
Combination of (c) and (d)
above, in any order
A trade or firm name shall
not be approved if the same or similar or nearly similar name is
already used by a Company Secretary in practice or which resembles
the name of Company Secretary in practice or firm of such Company
Secretaries and has been entered in the Register of office of firms.
A trade/firm name shall
not contravene the provisions of The Names and Emblems (Prevention
of Improper Use) Act, 1950 or any modification/re-enactment thereof.
trade or firm name may be suffixed by the suffixes “& Co.”,
“& Company” or “& Associates”. However, any suffixes
that may be considered undesirable by the Council shall not be
“and”/ “&”could be used in between the first name/middle
name/surname including initials thereof, of the partners of the
A firm name may also be
allowed without the use of the suffixes “& Co.”, “&
Company” or “& Associates” provided full first names
and/or full middle names and/or full surnames of the partners are
used. Also, in such cases, the word “&”/”and” is
compulsorily to be used either in between the full first names
and/or full middle names and/or full surnames of the partners or
before the last full first name/full middle name/full surname of the
The name of a sole
proprietorship concern shall not be allowed without the use of
suffixes “& Co.” / “and Company” / “&
A trade/firm name, which
has no relationship with the name of member(s) as above, shall not
names viz. Fire, Smash, Leader, Champion, Mastermind, Super, Supreme
etc.shall not be allowed.
Trade/firm names denoting
publicity shall not be allowed. Any trade/firm name, regardless of
reason or logic, using the initials, acronyms or full forms of any
profession whether used individually and/or collectively and/or in
any order, shall not be allowed. The use, therefore, of CA, CS, CMA,
MBA, CACMA, CACS, CSCA, CSCMA, CMACS, CMACA, Secretary,Accountant,
Management, Chartered Accountant, Cost Accountant, Chartered
Secretary etc., shall not be allowed.However, trade/firm names
matching with the group name/theme shall be allowed, if the same is
not in contradiction with any other criteria.
The name, middle name and
surname of the member shall conform to the name, middle name and
surname as they appear in the register of members.
In case any change in the
status of the firm from individual firm to partnership firm or
vice-versa, the firm name already been in use by any of the partner
or individual could be approved provided there is no objection by
any of the partners or individual.
A trade/firm name which
was in use by a proprietor or partners shall not be allowed to any
other member or members for a period of three years of the closure
of firm. The name may be re-allotted to the same member or
members’ upto a period of three years of the closer of the firm.
In the event of removal of name of a practising member, after the
expiry of the period of three years, the said trade/firm may be
allowed to any member or members who are eligible for allotment of
such name under the guidelines.
After various permutations
and combinations under guidelines 2(i) and (ii) have been exhausted
and the member is not able to get approval of firm/trade name in
accordance with the same, he may be permitted to adopt or coin a
firm/trade name out of the names of his/her family members provided
that such name was not already registered by some other members. The
terms “family” for this purpose means husband, wife, father,
mother, son and daughter. An
affidavit or other evidence to the satisfaction of the Secretary is
to be produced in such cases.
reconstitution of the firm with the same firm name shallnot have
effect except with the prior approval of the Council pursuant to
Approval accorded by the
ICSI for any trade/firm name shallnot tantamount to any protection
by the ICSI in case of any dispute arises affecting to Intellectual
Property Rights between any trade/firm with any other brand, entity,
business etc., outside the profession and in relation to the name in
dispute. The responsibility and liability in such cases shall solely
be of the concerned trade/firm and at its own risk and costs and not
of the ICSI. The ICSI shall not be any party to any kind of dispute
that may arise in this regard.
meeting of the Council held on 29-30th March, 2016