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Change In MOA and AOA

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Change In MOA and AOA
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What are the main clause of the MOA?

When it is to be filed?

It has to be filed with the Registrar of Companies during the process of incorporating a company. It contains the fundamental conditions under which the company is allowed to operate. it had to include the "objects clause" which let the shareholders, creditors and those dealing with the company know what is its permitted range of operation.

What is AOA?

It refers to that document of the company in which rules of internal management to achieve the objective laid down in the memorandum of association are stated and form the company's constitution.AOA defines the responsibilities of the directors, the kind of business to be undertaken, and the means by which the shareholders exert control over the board of directors.

Documents Required For Name Change of Company

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

Process Involved

  • STEP-1

Calling of Board Meeting

Calling of Board Meeting: Issue notice in accordance with the provisions of section 173(3) of the Companies Act, 2013, for convening a meeting of the Board of Directors. To Get in-principal approval of Directors for change in object clause of Memorandum.

  • STEP-2

Board Resolution

Get in-principal approval of Directors for change in object clause of Memorandum.

  • STEP-3

Notice of EGM

The company must give a clear 21 days’ notice to its members for calling the EGM. The notice should mention the place, the date and day of the meeting, and the hour at which the meeting is scheduled.

  • STEP-4

Special Resolution

Extra-ordinary General meeting (EGM) on due date and pass the necessary Special Resolution under section 13(1) of the Companies Act, 2013, for change in object clause of Memorandum.

  • STEP-5

Form MGT 14

File form MGT.14 within 30 days of passing of Special Resolution with the concerned Registrar of Companies

  • STEP-6

Approval by ROC

Once form is checked, it is approved by ROC

Change In MOA and AOA
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FAQs

In case a company wants to change its object clause, it can do so by filling passing necessary resolution and file eForm MGT-14.

A company can increase its authorized capital by filing eForm SH-7. Similarly, subscribed capital and paid up capital of the company can be increased on filing and approval of Form PAS-3 (Return of allotment of shares).

You can’t amend the subscriber clause as Subscriber clause contains the particulars of the promoters who subscribed the share capital at the time of incorporation

Following clauses can be amended under Companies Act, 2013: (a) Name of the Company, (b) State of India where registered office of the company is situated, (c) Main objects of the Company and matters considered necessary in furtherance thereof, (d) Liability of members of the company; and (e) Authorised share capital of the company.

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