Change in Moa and Aoa

ABOUT CHANGE IN MOA AND AOA

Memorandum of association is the charter of the company and defines the scope of its activities. Memorandum of association defines the relation of the company with the rights of the members of the company interest and also establishes the relationship of the company with the members. Company can alter its object clause by way of addition, deletion, modification, substitution, or in any other way.

The Memorandum of Association (MOA) of a company has object clauses that determine the purpose and range of activities of a company. After incorporation of a company, it may want to change object clause. This requires alteration in the MOA of the company and section 13 of the Companies Act 2013 covers the same. Ever clause on the MOA can be altered (with the exception of capital clause which requires an ordinary resolution to be passed) by passing a special resolution as mentioned in section 13. We cover the basic process to change the object clause of MOA of a company as per Companies Act 2013.

DOCUMENTS REQUIRED

• Board Meeting for change in MOA
• Notice of EGM
• Certified True copy of Special Resolution
• Altered Memorandum of Association

AOA

File FORM NO. MGT-14 (Filing of Resolutions and agreements to the Registrar under section 117) with the Registrar along with the requisite filing within 30 days of passing the special resolution

• Certified True Copies of the Special Resolutions along with explanatory statement;
• Notice of EGM
• Copy of the Notice of meeting send to members along with all the annexure;
• A printed copy of the Altered Article of Associations.

SITUATIONS UNDER WHICH THE MOA NEEDS TO BE ALTERED

• Change in the name of the Company.
• Change of registered office of the Company.
• Change in Object Clause of the company.
• Change in authorised capital of the company.
• Change in the liability of the members of the company.