Alteration In MOA


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Easily Alter MOA

The necessary changes in Memorandum of Association (MOA) of a company have to be made following the changes to the capital, object, situation or liability of a company.

Role of MOA

The company's constitution is set-up by MOA of a company, which involves type of company, permitted range of activities of the company, state of incorporation, liability clause, capital clause and more. If any changes or alterations in the authorized capital, objects clause, capital clause, company name and location of registered office are carried out, it is important to change to Memorandum of Association of the company. The changes in MOA of a company require consent of shareholders and passing of a special resolution.

Timeline

The changes in MOA takes an average time of about 10 - 15 working days, depending upon client document submission and government processing time.

Major Clauses in Memorandum of Association

Object Clause: The object clause of the MOA can contain lawful objects, irrespective of the company engages in those activities or not. Legally, any activity that offends this clause and is not stated in the MOA will be considered ultra-vires, which means beyond the powers of the company.

Name Clause: In case of limited companies, the name of the company must have Limited as a last word. And, if it is a private limited company, the name must end with Private Limited. The company can not be registered with an inappropriate name, as per the Companies Act, 2013.

Situation Clause: The correct location of the registered office of the company must be mentioned in the MOA. The domicile of the company must be mentioned for determination of jurisdiction of Court, ROC and tax authorities.

Liability Clause: It must be mentioned in the MOA whether the company is limited by guarantee or by shares. MOA must also state that the members have limited liability. The liability of the members cannot be increased by the company without their written consent.

Capital Clause: The MOA must mention the amount of share capital the company is to be registered with.

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