Event Based Corporate Filing

AMENDMENT IN MEMORANDUM OF ARTICLE:

ABOUT: The Memorandum of Article (MOA) contains the basic rights and powers of the company. Sometimes company requires amendment in MOA with the development of the business. That changes in MOA require special resolution and consent of shareholders. Every alteration in the MOA will be made only in these clauses, either in all or any of these clauses. Therefore the situations under which the MOA needs to be altered are:

Change in the name of the Company.

Change of registered office of the Company.

Change in Object Clause of the company.

Change in the authorized capital of the company.

Change in the liability of the members of the company.  

Procedure for Alteration/Change in MOA under Companies Act’2013:

Alteration in the Memorandum of Association can be made by following the procedure under section 13 of the Companies Act’2013. This section is applicable to all companies Hold board meetings of all the directors to recommend the proposal for members’ consideration by passing at special resolution. Give notice of Extraordinary general meeting at least 21 days before the actual date of EGM, in which special resolution is to be passed. The notice shall specify the place, date, day, and time of the meeting and contain a statement on the business to be transacted at the EGM. Since alteration of the memorandum is a special business therefore an explanatory statement u/s 102 of the Companies Act’2013 shall be accompanied by the notice of the meeting in which special resolution is to be passed.

*Special resolution: For alteration of any of the clauses of the memorandum of association, except the capital clause, consent of members by way of special resolution is required. However, in case of alteration of authorized share capital, consent of members by way of ordinary resolution as stated in section 61 is required. The company is required to file a special resolution passed by shareholders for alteration of the memorandum of association with the Registrar of Companies. Form MGT-14 has to be filed for registration of special resolution within 30 days of passing of the resolution A certified copy of the special resolution along with notice and explanatory statement of the general meeting in which resolution is passed and the altered memorandum and articles are to be attached as attachments to the form MGT-14. Copy of approval from the central govt. filed with the registrar in case of change in name and registered office clauses of the memorandum. Alteration made under section 13 shall not have any effect until it has been registered.

**A Company in its life spam can’t alter the ‘Subscription Clause’ or can’t alter the ‘Subscriber Sheet’. Subscriber Sheet use at the time of Incorporation of the Company shall be used for the life span of the Company.

## There may be complex things that occur during the registration process which is a time-consuming and lengthy process. The legal language of these forms is complex in nature. The government Portal and its functionality are in itself quite challenging. The support of professionals and experts can save your precious business time.

Our team of LAW COMPLIANCES, having expertise in all such kinds of matters, will resolve all problems pertaining to registration & compliances and will save your precious time and Money.

Working Process:

>Choose your Plan and Pay Securely.

> Upload required document

> An expert will be assigned to you for the procedure of submission of the application.

> Our Expert will complete the process required for your work along with the necessary assistance over a call during business hours.

BASIC PLAN:

Assistance in Amendment of MOA of company. Amendment of MOA of private ltd company, Service Fees: 5999/- excluding government Fees.

STANDARD PLAN:

Assistance in Amendment of MOA of company. Amendment of MOA of public ltd company, Service Fees: 10999/- excluding government Fees.

ACE PLAN:

Assistance in Amendment of MOA of company. Amendment of MOA of section 8 company, Service Fees: 15999/- excluding government Fees.

Law Compliances can help you in obtaining of Amendment of the MOA of the company. in 4-7working days.**

** Time taken for Incorporation/ Registration/process will depend on the submission of the relevant documents by the client and also approval from the CONCERNED Government authorities.

FREQUENTLY ASKED QUESTIONS (FAQ):

What are the documents required for MOA alteration?

The documents for the MOA amendment require a certified copy of the resolution, a copy of the notice of the EGM, printed copy of the altered MOA.

What is MOA?

A memorandum of the company is a vital document for the incorporation of a company which is referred to as the constitution or the charter of the company. This MOA is to be formulated and signed by the founder members of the company on the registration as well as the establishment of the company.

Who can subscribe to MOA?

Individuals, foreign citizens, minors, A company that is incorporated under the Companies Act, a company incorporated outside India, LLP, Society registered, a corporate body that is incorporated under the Act of parliament or the state legislature.

Does an LLP (Limited Liability Partnership) need MoA?

No. The LLP is registered under the Limited Liability Partnership Act, 2008. Under the LLP Act, 2008, an LLP is required to prepare the LLP deed. Thus, LLPs do not have to prepare an MoA. ***