MOA / AOA Amendment
Quick Answer
MOA / AOA Amendment India is the legal process of altering the Memorandum of Association (MOA) or Articles of Association (AOA) of a company registered under the Companies Act, 2013. This service is essential when a company undergoes business changes such as a change of name, registered office address, or main objects.
MOA / AOA Amendment — detailed explanation below
Governing Act — MOA / AOA Amendment India
The amendment of MOA and AOA is governed by the Companies Act, 2013. Key sections include Section 13 (alteration of memorandum), Section 14 (alteration of articles), and Section 15 (alteration of memorandum or articles to be noted in every copy). The Act prescribes the procedure, special resolution requirements, and filing obligations with the Registrar of Companies (ROC).
Government Department & Website for MOA / AOA Amendment India
The Ministry of Corporate Affairs (MCA) is the governing body. All filings are done electronically through the MCA portal at www.mca.gov.in. The relevant forms (e.g., MGT-14, INC-24, INC-27) are submitted via the portal along with prescribed fees.
MOA / AOA Amendment India Application Process
The process for MOA / AOA Amendment India involves: (1) Board meeting to approve the amendment and call a general meeting; (2) Passing a special resolution with 75% majority; (3) Filing Form MGT-14 with the ROC within 30 days of the resolution; (4) For certain changes (e.g., name, registered office), additional forms like INC-24 or INC-27 are required; (5) ROC issues a certificate of incorporation reflecting the change.
Key Forms Required for MOA / AOA Amendment India
The key forms for MOA / AOA Amendment India are:
- MGT-14: Filing of special resolution and explanatory statement.
- INC-24: Application for change in name (if applicable).
- INC-27: Conversion of company from one type to another (if applicable).
- INC-28: Notice of alteration of memorandum or articles (for certain changes).
- INC-22: Change of registered office (if applicable).
Eligibility Criteria for MOA / AOA Amendment India
Any company registered under the Companies Act, 2013 can amend its MOA or AOA. The amendment must not violate any provision of the Act or any other law. For changes in objects, the company must ensure the new objects are lawful and not contrary to public policy. Shareholders holding at least 75% of voting rights must approve the special resolution.
Timeline for MOA / AOA Amendment India
The timeline for MOA / AOA Amendment India depends on the complexity of the change. The process involves board meeting, notice to shareholders, general meeting, and filing with ROC. The ROC typically takes a few weeks to process the application and issue the amended certificate. No specific time estimate can be given as it varies by case.
Fees for MOA / AOA Amendment India
The government fees for MOA / AOA Amendment India are prescribed by the Companies (Registration Offices and Fees) Rules, 2014. Below is an indicative table for filing forms:
| Form | Fee (INR) |
|---|---|
| MGT-14 | Based on authorized capital (e.g., up to ₹5 lakh: ₹200; above ₹5 crore: ₹6,000) |
| INC-24 | ₹500 |
| INC-27 | ₹5,000 |
| INC-28 | ₹200 |
| INC-22 | ₹200 |
Note: Additional fees may apply for late filing. Professional fees are separate.
Frequently Asked Questions
What is MOA / AOA Amendment India?
MOA / AOA Amendment India refers to the legal process of altering the Memorandum of Association or Articles of Association of a company under the Companies Act, 2013. It is required when a company undergoes business changes such as change of name, registered office, or objects.
What are the common reasons for MOA / AOA Amendment India?
Common reasons include change of company name, change of registered office address, alteration of main objects, increase or decrease of authorized capital, and changes in share capital structure. These business changes require amendment of the MOA and AOA.
What is the procedure for MOA / AOA Amendment India?
The procedure involves: board meeting to approve the amendment, passing a special resolution by shareholders, filing Form MGT-14 with ROC within 30 days, and for certain changes, additional forms like INC-24 or INC-27. The ROC then issues an amended certificate.
What documents are required for MOA / AOA Amendment India?
Documents include board resolution, special resolution, explanatory statement, altered MOA/AOA, and proof of payment of fees. For name change, a name availability letter from MCA is also required.
How long does MOA / AOA Amendment India take?
The timeline varies based on the complexity and ROC processing. Typically, it takes a few weeks from board meeting to receipt of amended certificate. No fixed timeline can be guaranteed.
What is the cost of MOA / AOA Amendment India?
Government fees depend on the form and authorized capital. For example, MGT-14 fee ranges from ₹200 to ₹6,000. Professional fees are additional. No exact total can be stated without assessing the specific case.
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