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As per the Companies Act, 2013, A Memorandum of Association is a company charter that lays out the reason the company has been established. It contains the Article of Association (AOA), a company's internal guiding document to regulate its operations.
Since MOA contains the clause that manages the external management of a company, it is essential to file MOA with the Registrar while incorporating the company.
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Thus, the Memorandum of Association (MOA) plays an instrumental role in defining the relationship between the company and its shareholders.
Board meeting for approval of change in MOA
Shareholder approval for MOA amendment by passing the special resolution
MOA amendment is required for a Public Limited Company when a company wants to make changes to its basic structure or objects such as change in name, registered office, authorized capital, and objects of the company.
MOA amendment for a Public Limited Company is done by passing a special resolution in a general meeting of shareholders, filing the necessary documents with the Registrar of Companies, and obtaining the necessary approvals.
The time taken to amend MOA for a Public Limited Company may vary depending on the completeness of the application and the processing time at the Registrar of Companies.
Yes, there is a fee required to amend MOA for a Public Limited Company, which is usually based on the increase in the authorized capital or other changes.
No, MOA can not be amended for a Public Limited Company without a general meeting of shareholders.
No, MOA can not be amended for a Public Limited Company without the approval of shareholders.
Not amending MOA for a Public Limited Company can result in the company not being in compliance with the laws and regulations, which can lead to penalties and fines. It can also result in the company not being able to carry out its objects as mentioned in the MOA.