The Memorandum of Association of a company must be changed whenever there are changes to the object, situation or capital or liability of a company.
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Memorandum of Association Amendment
Easily alter MOA with Expert Help from CBS Stracon
Memorandum of Association of a Company sets down the constitution of a company including the permitted range of activities of the company, state of incorporation, type of company, capital clause, liability clause and more. Changes to Memorandum of Association of a company can be required while changing name of a company, changing registered office from state to state. alteration of objects clause, alteration of capital clause or increase of authorised capital. Changes to the Memorandum of Association of a company would require the passing of a special resolution and shareholders consent.
Major Clauses in Memorandum of Association
The name of the company must be stated with the last word 'Limited' in case of limited companies and with the last two words 'Private Limited' in case of private limited company. The Companies Act, 2013 states that a company should not be registered with an undesirable name.
The Memorandum of Association must mention the State in which the registered office of the company will be located. The domicile of the company must be stated for determination of jurisdiction of Court, tax authorities and ROC.
The Memorandum of Association of a company having share capital is required to show the amount of share capital with which the company is going to be registered, and the division therefor into shares of fixed value.
The Memorandum of Association must state whether the company is limited by shares or by guarantee. Also, the Memorandum of Association must state that the liability of its members is limited. A company cannot increase the liability of its members without their written consent.
A Business Expert will review the present and proposed MOA of company and the Articles of Association to understand the background of the Company prior to beginning the process. The review would take 1 - 3 working days.
Once you obtain an understanding of the procedures involved in MOA amendment, our Experts will draft the necessary Resolutions for the procedure.
Once the Board Resolutions are passed, our Experts will prepare and file the necessary documents with the Ministry of Corporate Affairs to complete the MOA Amendment.