Memorandum of Association (MoA) Amendment
MOA of a Company includes the objective of business activities and needs to be altered in case of any amendment proposed in any of specified clauses.
Digital Filings can help you in…:
Reviewing the present MoA
Drafting and Finalizing Board Resolutions
Attaining approval of MoA amendment
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Understanding MoA Amendment
MoA is essentially the Company’s constitution that prescribes its objective, liability, capital, name, and location of the entity. Companies looking forward to make any change in the name, location, and / or capital structure need amend their MoA as well. In order to do so, a special resolution passed by the Company’s shareholders and Board Members and that need to be submitted and approved by the Ministry of Corporate Affairs (MCA).
Key-Elements of MSME Registration
Contains various legal statements that define the activities of the Company and restrict it to act beyond what is mentioned in the object clause.
Suggests location of the Company’s Registered Office as well as its domicile to ascertain the jurisdiction of court and territory of tax authorities.
Company’s law instructs Public Entities to use the word ‘Limited’ at the end of their names and ‘Private Limited’ in the case of private Companies.
Specifies the share capital amount, with which a Company is planning to get registered, along with the division into the shares of certain value.
Defines if a Company is limited by shares or guarantee and also states that Company’s board members has limited liability which cannot be increased without their written consent.
Required Documentation Chart
Documents Required for MoA Amendment
- MoA and Article of Association (AoA) in Word Format
- List of All Board Directors and Shareholders
- List of Proposed Clauses to be Amended
- Certificate of Incorporation
- Digital Signature Certificates (DSC) of the Authorized Director
- Letterheads (about 10) and rubber stamp of the Authorized Director
We are Glad to Help!
MoA of a Company contains various legal clauses that need amendment in certain cases. The process to make changes to MoA is quite complex, especially for the newly established Company looking to completely change its MoA.
Do Not Worry!
Experts @ Digital Filing can efficiently assist any Company to complete any amendment to its MoA.
- MoA Amendment for a Private Limited Company
- (Above price includes all taxes and relevant government fees.)
- MoA Amendment for a Public Limited Company (Above price includes all taxes and relevant government fees.)
- MoA Amendment for a Section – 8 Company (Above price includes all taxes and relevant government fees.)
How we Do It…
Indian Government bounds a Company to register the proposed or planned amendments in MoA for trouble-free business operations. Partner @ Digital Filings can proficiently assist Companies in furnishing all the relevant legal formalities with ease.
Start with Homework
Before initiating the process of making MoA amendments, Experts @ Digital Filings will thoroughly understand the Company’s constitution (MoA and AoA) and also study the Entity’s past operations. This is a critical step and might take around 2 to 3 business days.
Drafting the Resolutions
After properly understanding all the requirements for the desired MoA amendments, the Team @ Digital Filings will efficiently assist drafting the Board Resolutions, clearly stating all the proposed changes to be made in the MoA.
To move ahead with the MoA amendment the Company needs to seek and attain an approval of its shareholders (more than 75%) in an Extraordinary General Meeting (EGM). To schedule an EGM, the Board Directors must intimate the Company’s shareholders at-least 21 days before the date of the planned EGM. The notice of EGM must include agenda and draft of the proposed resolution to be passed as a special resolution.
And all Set!
Approved special resolution (to be filed in Form MGT-14), minutes of the EGM, along with the prescribed fee and other required documents, are then compiled and filed at the MCA for the approval within 30 days of the passing of the resolution. The Company’s amended MoA will come in force post MCA’s approval.
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