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Compliance Package

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Amendments in Clauses of MOA India

Memorandum of Association of a Company sets down the structure of a company together with the allowable range of activities of the company, state of incorporation, type of company, capital part, liability part and more. Changes to Memorandum of Association of a company can be mandatory while changing name of a company, changing registered office from state to state. alteration of objects part, alteration of capital part or increase of authorised capital. Changes to the Memorandum of Association of a company would need the passing of a special determination and shareholders consent.

We are the leading business services platform, offering a variety of services like company registration, trademark filing, GST registration, income tax filing and more. We can help you amend Memorandum of Association of a company. The average Amendments in Clauses of MOA India time taken to file for complete a Memorandum of Association amendment is about 10 – 15 working days, subject to government processing time and client document submission. Get a free consultation on procedure for Amendments in Clauses of MOA India association by setting up an appointment with an our expert Advisor.

Process for Changing Amendments in Clauses of MOA India Objects Clause

The objects part stated in the company’s MOA regulates the purpose and choice of happenings for which the company operates. During the company registration process, the shareholders choose the objects for which the company is formed. If there are changes to be made to the objects during the course of processes, shareholder approval and MCA approval would be mandatory.

How to change Amendments in Clauses of MOA India objects part

[tx_row] [tx_column size=”1/2″] Convening of a Board Meeting
To change MOA objects part, first issue a notice for convening a meeting of the Board of Directors. Major schema for this Board meeting would be the following:

  1. To acquire the in-principal authorization of Directors for the modification in object part related to the Memorandum of Association (MOA).
  2. Select date, time as well as place for accompanying Extra-ordinary General Meeting (EGM) to acquire consent of shareholders, by means of Special Resolution, for change in object clause of Memorandum.
  3. To extract support to make notice of EGM all together with Agenda in addition to Explanatory Statement to be suitable as per the notice of General Meeting according to section 102(1) related to the Companies Act, 2013.
  4. To approval the Director or Company Secretary connected to the issue Notice of the Extra-ordinary General meeting (EGM) as permitted by the board related to clause 1(c) above mentioned.
  5. Present Notice of the Extra-ordinary General Meeting (EGM) to all Members, Directors as well as the Auditors of the company in agreement with the provisions as per Section 101 of the Companies Act, 2013.
[/tx_column] [tx_column size=”1/2″] Passing of Special Resolution
Conduct the Extra-ordinary General Meeting (EGM) on the time, date and place stated on the notice of the Extra-ordinary General Meeting. Obtain agreement for the special resolution approving changes to the MOA objects clause of the company by means of a poll.
ROC Form Filing
To now acquire MCA approval, file the special determination passed by shareholders for amendment of Memorandum with the related Registrar of Companies. Changes to MOA objects part must be filed using form MGT-14 within 30 days of the passing of Special Resolution along with the approved fees and the following attachments:

  • Notice related to EGM
  • Authorized True copy related to Special Resolution
  • Altered Memorandum of Association
  • Approved True copy of Board Resolution may perhaps be appended a non- obligatory attachment.
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In case of Public Limited Company

In case of change of Amendments in Clauses of MOA India objects clause in a public limited company, the following procedures must also be observed:

  1. Details of special determination must be published in the newspapers (one in English in addition to one in vernacular language). The newspaper would be in circulation at the location where the registered office of the company is located. In addition the newspaper will be located on the website of the company, if some, mentioning the rationalization and reason for such alteration.
  2. The dissenting shareholders must be provided an chance to exit via the promoters and shareholders.