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Alteration of MOA

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WHAT IS ALTERATION OF MEMORANDUM OF ASSOCIATION?

Memorandum of Association is a legal document of the company prepared at the time of incorporation of the company with an option to carry out alteration of memorandum of association as and when required to define the various clauses as per Schedule I under the Companies Act. It is a document which consists of various clause related to the company and it defines the scope of business activities of the company.

Any change in terms of memorandum of association such as change in authorised capital, change in object, change in name of the company, etc. can be done via an amendment in MOA. A company may have to undertake alteration of memorandum of association from time to time. Alteration of object clause in the MOA can also take place based on the changing business landscape and the needs of the company.

FEATURES

Name Clause

The company can change or modify the name of the company by passing a special resolution. This is a part of the alteration of memorandum of association.

Object Clause

In case of any change in the business objective, the object clause of the MOA can be altered. Also, changes in the object clause can benefit any further business matters concerning the company.

Registered Office Clause

In case there is a change in the registered office of the company from one state to another, then there needs to be an alteration in the registered office clause of the memorandum of association.

Liability and capital clause

In case there are any modifications to be made in the liability and capital clause, then alteration to the MOA is necessary. If the authorized share capital needs to be changed, then the capital clause will be altered.

ELIGIBILITY CRITERIA

    • The Article of Association of the Company must permit the chnge in object.
    • The object to be changed must be relevent to the nature and name of the Company for which the Incorporation was done.

DETAILS AND DOCUMENTS

    • The detailed object which is required to be changed.
    • The Object must be relevant to the name and the nature for which the Company was Incorporated

Procedure for Alteration of Memorandum of Association

  • 1
    Type of Amendment

    Identification of the amendment required to be made.

  • 2
    Hold BM

    The BM is required to be convened to approve the amendment and fix date time and place for holding General Meeting.

  • 3
    Hold General Meeting

    In order to get approval from shareholders for amending the MOA, the EGM is required to be convened by circulating 21 days clear notice or such shorter period after consent of the requisite shareholders.

  • 4
    Filing of the required form

    Form MGT 14 for amendment is required to be filed within 30 days of passing special resolution.

WHAT WE DELIVER

    • Amended MOA

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LITE

3999

  • Memorandum of association object clause amendment, for a One Person Company (Excluding Statutory Fees)

Basic

4999

  • Memorandum of association object clause amendment for a Private Limited Company (Excluding Statutory Fees)

Pro

7999

  • Memorandum of association object clause amendment for a Public Limited Company (Excluding Statutory Fees)

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  • In-House
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Frequently Asked Questions (FAQ)

Any change in the existing clauses of the memorandum is termed as amendment in MOA.

Yes, Form MGT 14 is required to be filed with ROC if a special resolution is passed for such amendment

No, the subscription clause is not subject to alteration in the MOA. The subscriber sheet that is used during the incorporation of the company is valid for a lifetime, and one is not allowed to make any further changes in it.

The process of alteration usually takes up 2-5 working days. The process is usually faster if all the documents are in place.

Yes, it is necessary to attach the physical MOA and AOA with the Form MGT-14 for the alteration of MOA under this particular circumstance.

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