The Ministry of Corporate Affairs via Companies (Incorporation) Fifth Amendment Rules, 2021 has inserted a new Rule 33A that is related to the allocation of the new name to the existing company as per section 16(3) of the Companies Act, 2013.
And As per the aforesaid rule, in case the company is not successful in changing its name or new name, as per the direction issued under the sub-section (1) of section 16 of the Companies Act 2013 within a period of 3 months from the date of issue of the said direction the letters
- “Order of the Regional Director Not Complied”
- Year of passing of direction
- Serial number
- Present Corporate Identity number of the company
Shall automatically become a new name of the company and that too without any further act or deed by the said company. And accordingly the registrar shall make the entry of a new name in the register of the companies 
However, the aforesaid rule shall not be applicable in case the e-form INC-24 that is filed by the company has been pending for disposal by the regional director until and unless the said e-form has been subsequently rejected.
“A company whose name has been changed under sub-rule (1) shall at once make necessary compliance with the provisions of section 12 of the Act and the statement, “Order of Regional Director Not Complied (under section 16 of the Companies Act, 2013)” shall be mentioned in brackets below the name of the company, wherever its name is printed, affixed or engraved: Provided that no such statement shall be required to be mentioned in case the company subsequently changes its name in accordance with the provisions of section 13 of the Act.”, the notification said.”
Lastly and importantly, the said notice further introduced the new form INC-11C for the certificate of incorporation that is pursuant to the change in the name due to the order of the regional director that has not been complied.
