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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.
Yes, the Memorandum of Association of a private company can be altered. This can be done through a special resolution at the extensive shareholder meeting (EGM). While altering its MOA, the company is required to comply with the provisions enshrined in the Companies Act, 2013 and the rules of the Registrar of Companies (ROC).
The Registrar must register any alteration of the memorandum with respect to the objects of the company and certify the registration within a period of thirty days from the date of filing of the special resolution in accordance with clause (a) of sub-section (6) of this section.
All Board Directors and Shareholders List
List of Proposed Amendment Clauses
Incorporation Certificate
Authorized Director's Digital Signature Certificates (DSC)
Letterheads (about 10) and the Authorized Director's rubber stamp
MOA amendment 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 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, which is usually based on the increase in the authorized capital or other changes.
No, MOA cannot be amended without a general meeting of shareholders.
No, MOA cannot be amended without the approval of shareholders.
Not amending MOA 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.
The amendment of MOA can affect the shareholders as it may lead to changes in the company's basic structure or objects, which can impact their ownership stake. It is important for shareholders to be informed and involved in the process of MOA amendment.