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CHANGE OBJECT OF COMPANY
CHANGE OBJECT OF COMPANY
The Memorandum of Association (MOA) of a company has object clauses that determine the purpose and range of activities of a company. After the incorporation of a company, it may want to change the object clause. This requires an alteration in the MOA of the company and section 13 of the Companies Act 2013 covers the same.
STEPS FOR ALTERATION IN OBJECT CLAUSE
- Convene A Board Meeting
- Hold the Board Meeting
- Issue Notice of General Meeting
- Hold General Meeting
- Filing and fees
PASSING OF SPECIAL RESOLUTION
Conduct the Extra-ordinary General Meeting (EGM) on the time, date, and place mentioned on the notice of the Extra-ordinary General Meeting. Obtain consent for the special resolution approving changes to the MOA objects clause of the company by means of a ballot.
ROC FORM FILING
To now obtain MCA approval, file the special resolution passed by shareholders for amendment of Memorandum with the related Registrar of Companies. Changes to the MOA objects clause must be filed using form MGT-14 within 30 days of the passing of the Special Resolution along with the approved fees and the following attachments:
NOTICE RELATED TO EGM
- Sanctioned True copy related to Special Resolution
- Changed Memorandum of Association
- Authorized True copy of Board Resolution may perhaps be appended as a non-obligatory attachment.
- According to Section 4(6), a company’s memorandum must be made in the respective specified forms. As per Section 4(1), the memorandum contains the following relevant clauses:
- Name clause that contains the name of the company.
- Registered Office Clause consists of all the details such as the name of the state where the registered office is situated.
- Object’s clause of the company and the matters that are considered necessary in furtherance thereof.
- The liability clause explains the liability of the members of the company.
- The share capital clause defines the authorized share capital of the company.
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