Change Object Clause
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Memorandum of Association contain details of object of company and other details of company. MOA & AOA are made when a company incorporate, this MOA & AOA Contain details of company such as object’s, directors or company registered office etc. So later on if company want to change in MOA by way of any addition, deletion, modification that can be done easily.
Now we start about that “HOW TO CHANGE IN OBJECT OF COMPNAY” every Company start with some object, but later on if company want to change it’s Object by way of addition, deletion or Modification company can alter it. But company is require to follow some procedure as require by Company Act 2013 for change it’s Object Clause .
These following are some step/ procedure through which company can alter object Clause of Company:-
Step:-1
First of all, company is required to conduct a board meeting. Form this meeting a notice to member of Board of company to be send before 7 days of this board meeting . In this meeting resolution will be pass for change in object Clause and fixing the date& time and venue of the extra-ordinary general meeting in which approval from member of will be taken and authorizing a director or any other person to send the notice for the of meeting to all member of company.
Step:-2
Conduct general meeting at specified date in which member will approve matter regarding object clause by passing special resolution. In this meeting member will give their approval for alteration in Memorandum of Association.
Step:-3
After conducting EGM and pass resolution for altering MOA in respect of change of object clause, Company is now required to intimate Registrar of Company (ROC) about this change within 30days from date of passing resolution. Company can intimate to ROC by giving details about such change’s in Form MGT-14. ROC will charge some fee when company will file this form. If company failed to inform ROC about this change with is specified time then company will be liable to pay some additional fee.
Form in which intimation is required to give to ROC is available on MCA website and link for that is :-http://www.mca.gov.in/DCAPortalWeb/dca/jsp/mydca/home/StaticFramePage.jsp?para1=/MCA21/dca_html/downloadeforms/Download_eForm_choose.html
Some document are also required to attach with MGT-14 that is :-
- Certified True Copies of the Special Resolutions along with explanatory statement
- A printed copy of the Altered Memorandum
- Copy of the Notice of meeting send to members along with all the annexure
http://www.mca.gov.in/DCAPortalWeb/
Step:- 4
When company filed form with ROC, after that registrar will register the alteration and issue certificate, which will be use as a evidence that all requirement with respect of alteration has been complied. After received Certificate form Registrar now Company is require to print new MOA with change in its object.
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