Company Name Approved but Incorporation Not Filed: What Happens After Name Expiry?

Last Updated on September 18, 2026

Getting a proposed company name approved by the Ministry of Corporate Affairs (MCA) is an important step in registering a company in India. However, name approval does not mean that the company has been incorporated. The promoters must complete and submit the incorporation forms within the validity period of the reserved name.

If the incorporation application is not filed before the approved company name expires, the reservation generally lapses. The promoters must then submit a fresh name-reservation application, pay the applicable government fee and obtain approval again. The Registrar is not required to reapprove the same name.

This guide explains what happens after company name expiry, whether the name can be restored and how promoters can restart the incorporation process.

Does Name Approval Mean the Company Has Been Incorporated?

No. Company name approval only means that the Registrar has temporarily reserved the proposed name for the applicant (filed through SPICe+ Part A, the service that succeeded the standalone RUN web-form for new company name reservations). It does not establish the company as a separate legal entity.

A company legally comes into existence only when the Registrar approves the incorporation application and issues a Certificate of Incorporation containing the Corporate Identity Number, or CIN. Until then, the promoters should not represent the proposed entity as an incorporated company.

For example, if “ABC Technology Private Limited” is approved but its SPICe+ incorporation forms are never filed, ABC Technology Private Limited does not legally exist merely because its name was reserved.

Promoters should therefore treat name approval as the beginning of a limited filing window rather than the completion of company registration.

How Long Does an Approved Company Name Remain Valid?

Under Section 4(5) of the Companies Act, 2013, a name reserved for a new company is ordinarily valid for 20 days from the date of approval. The name approval letter generated through the MCA system should be checked carefully because it specifies the relevant approval and expiry details.

The position is different when an existing company applies to change its name. In that situation, the approved name is ordinarily reserved for 60 days. This blog mainly addresses the incorporation of a new company.

Situation	Normal reservation period	Required action
Name approved for a new company	20 days	File incorporation forms or obtain an extension before expiry
First extension	Up to 40 days from initial approval	Pay ₹1,000 before the original 20-day period expires
Further extension after reaching 40 days	Up to 60 days from initial approval	Pay ₹2,000 before the 40-day period expires
Direct extension from 20 to 60 days	Up to 60 days from initial approval	Pay ₹3,000 before the original period expires
Name already expired	No normal retrospective extension	Submit a fresh name-reservation application

These extension options arise under Rule 9A of the Companies (Incorporation) Rules, 2014. The maximum extended reservation is 60 days from the original approval date, and not 60 additional days after each request.

What Happens If Incorporation Is Not Filed Before Name Expiry?

If the incorporation forms are not filed within the valid reservation period, the approved name ceases to remain protected for that applicant. The practical consequences are as follows: –

1. The name reservation lapses: The MCA is no longer required to hold the name exclusively for the original applicant. It may become available for consideration in another valid application.

2. Incorporation cannot proceed using the expired approval: Promoters generally cannot rely on an expired name-approval letter to submit the incorporation application. A fresh name reservation must first be obtained.

3. The company does not come into existence: No Certificate of Incorporation or CIN is generated merely from name approval. Therefore, the proposed company does not acquire legal personality, limited liability or the statutory rights of a registered company.

4. The same name may be taken by someone else: After the expiry, another applicant may apply for the same or a confusingly similar name. Whether that application is approved will depend on the Companies Act, applicable incorporation rules, existing entity names, trademarks and the facts available to the Registrar.

5. Time and filing costs may increase: Promoters may have to pay a fresh name-reservation fee, revise documents and collect the updated declarations or address proofs. Delays may also affect the planned contracts, funding discussions, bank arrangements or commercial launch dates.

On fees already paid: The original ₹1,000 name-reservation fee is not carried forward, adjusted, or refunded when a name lapses. A fresh SPICe+ Part A filing requires the fee again in full, regardless of how much was previously spent on extensions.

If your approved name is approaching expiry, professional review can help complete the incorporation filing or extension request within the available period.

Can an Expired Company Name Be Extended?

Normally, no. An extension under Rule 9A must be requested before the current reservation period ends. The extension request itself is filed as a web-based application through the MCA portal’s name-reservation service, referencing the original Service Request Number (SRN) generated at the time of name approval, not a fresh SPICe+ Part A filing.

The rules provide three routes: –

• Extend the original 20-day period to 40 days by paying ₹1,000 before the first 20 days expire.
• After obtaining the 40-day validity, extend it to 60 days by paying ₹2,000 before day 40 expires.
• Extend directly from 20 days to 60 days by paying ₹3,000 before the first 20 days expire.

Once the applicable period has already expired, these options generally cannot be used retrospectively. The appropriate course is to submit a fresh application through the MCA portal.

Promoters should not wait until the final day. Portal issues, payment failures, Digital Signature Certificate problems or incomplete documents may prevent timely submission.

Can You Apply Again for the Same Company Name?

Yes. Promoters may propose the same name in a fresh SPICe+ Part A application after expiry. However, previous approval does not create an automatic right to have it approved again.

The Registrar will examine the name afresh. Approval can be affected by: –

• A company or LLP registered under the same or a similar name after the earlier approval;
• A newly filed or identified trademark conflict; note that MCA’s check is not limited to the applicant’s own industry class, so an unrelated business holding a similar registered trademark can still block approval;
• Changes in the proposed objects or industrial activity;
• Restricted words requiring approval from a regulator or the Central Government;
• Incorrect information in the fresh application;
• A mismatch between the proposed name and the company’s principal objects; or
• Updated MCA scrutiny practices or records.

A fresh company name availability search should therefore be conducted before reapplying. Promoters should also check the trademark database and consider alternative names in case the preferred name is no longer available.

How to Restart Incorporation After the Name Has Expired

Step 1: Confirm the expiry status

Check the name approval letter, Service Request Number and the MCA portal status. Make sure that no valid extension was obtained and that the reservation period has actually ended.

Step 2: Conduct a fresh name search

Search MCA records for companies and LLPs with identical, similar or phonetically similar names. Differences involving punctuation, spacing, plural forms or common descriptive words may not make a name sufficiently distinctive.

A trademark search should also be undertaken because company-name approval does not override trademark rights.

Step 3: Review the proposed objects

The name should reasonably correspond with the main objects stated in the application. If the word “Fintech” appears in the name, for example, the proposed objects should support the relevant technology or financial-services activity. Regulated financial activities may additionally require approval from the appropriate authority.

Step 4: File a fresh SPICe+ Part A application

Submit the proposed name through the SPICe+ web service on the MCA portal and pay the prescribed fee. Provide a clear and proper description of the objects and attach any trademark-owner consent, regulatory approval or supporting document that may be required.

Step 5: Respond to resubmission remarks

If the Central Registration Centre raises objections or permits resubmission, address every remark within the time allowed. An incomplete and inaccurate response may result in rejection and another fresh filing.

Step 6: Prepare incorporation documents simultaneously

Do not wait for the second approval before beginning document preparation. Finalise the proposed registered-office proof, identity and address proofs, subscribers’ details, directors’ information, capital structure, Memorandum of Association and Articles of Association.

Step 7: File the incorporation forms promptly

After the name is approved again, complete the SPICe+ Part B and linked filings, which may include the e-MOA, e-AOA, AGILE-PRO-S and the required declarations. Apply the valid Digital Signature Certificates and submit the complete set before the new expiry date.

Can Previously Prepared Documents Be Reused?

Some documents may be reused if they remain accurate, valid and consistent with the fresh application. Digital Signature Certificates also remain usable until their own expiry, subject to technical validity.

Documents that reference the proposed company name directly, such as the draft MOA/AOA, registered-office NOC, or bank in-principle approvals, may need to be reissued or corrected if the new application results in a different approved name, even where the underlying facts haven’t changed.

However, every document should be reviewed. A new name-approval reference may need to be reflected in the forms. Recent utility bills, consent documents, declarations or proofs may need updating. Documents should also be revised if the proposed name, registered office, capital, subscribers, directors or business objects have changed.

Foreign-subscriber documents require additional attention because notarisation, apostille or consularisation may be involved. Obtaining an extension before expiry can be particularly useful where overseas documents are still being prepared.

Common Mistakes to Avoid

• Assuming the name approval is equivalent to company registration;
• Calculating the validity from the application date instead of checking the approval letter;
• Attempting to extend the name after it has expired;
• Waiting until the last day to upload incorporation forms;
• Using an expired approval reference in SPICe+ Part B;
• Reapplying without conducting a fresh company, LLP and trademark search;
• Assuming the earlier approval guarantees approval of the same name;
• Using the proposed company name on contracts as though the company already exists; and
• Submitting old or inconsistent address proofs and declarations.

The safest approach is to prepare incorporation documents before or immediately after filing the name application.

Conclusion

When an approved company name expires before incorporation is filed, the company is not registered, and the name is no longer reserved for the promoters. A retrospective extension is typically unavailable. The promoters must conduct a fresh availability review, submit another SPICe+ Part A application and obtain approval again.

The same name can be proposed, but reapproval is not assured because the Registrar conducts a fresh examination. To prevent delay, promoters should prepare the incorporation documents alongside the name application and use Rule 9A before expiry when additional time is genuinely required.

Timely professional assistance can help promoters preserve an approved name and complete the MCA incorporation process without avoidable refiling.

Frequently Asked Questions

1. What should I do if my approved company name has expired?

Conduct a fresh MCA and trademark search, then submit a new name-reservation application through SPICe+ Part A. If approved again, file the complete incorporation application within the new validity period.

2. Can MCA restore an expired company name approval?

The standard rules do not provide an ordinary retrospective extension after expiry. Rule 9A extensions must be requested before the applicable reservation period ends. A fresh name application is generally required.

3. Will the same company name definitely be approved again?

No. The Registrar examines the name afresh. It may be rejected if another entity has obtained a similar name, a trademark conflict exists, the proposed objects have changed, or the name otherwise fails the applicable rules.

4. Is a company legally formed once its name is approved?

No. A company is formed only after the Registrar approves the incorporation application and issues the Certificate of Incorporation and CIN. Name approval only temporarily reserves the proposed name.

5. Can I extend an approved name if incorporation documents are not ready?

Yes, provided the request is made before the existing reservation expires. Rule 9A permits the extension up to 40 or 60 days from the original approval date upon payment of the prescribed fee. The applicants should verify and examine the current procedure and also the fee through the official Ministry of Corporate Affairs portal.