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MOA Amendment (Memorandum of Association)
Definition: An MOA amendment involves modifying clauses in the Memorandum of Association, a foundational document defining a company’s objectives, scope, and operations under the Companies Act, 2013.
Clauses: Includes Name, Registered Office, Object, Liability, Capital, and Subscription clauses. All except Subscription can be amended.
o Change in company name, registered office, or business objectives.
o Alteration in share capital or liability structure.
o Compliance with legal or regulatory changes.
1. Board Meeting: Pass a resolution to propose MOA changes.
2. General Meeting: Issue a 21-day notice for an Extraordinary General Meeting (EGM) and pass a special resolution (75% shareholder approval).
3. Filing with ROC: File amended MOA and resolution with the Registrar of Companies (ROC) within 30 days, along with required documents (e.g., Form MGT-14).
4. Approval: Certain changes (e.g., name change) may require additional approval from the Regional Director or ROC.
o Ensures the company operates within its defined scope.
o All copies of the MOA must reflect amendments for transparency.
o Non-compliance can lead to penalties or legal issues.
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