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MOA Amendment
Expert Assistance to Alter the Constitution or Charter of Your Company
About MOA Amendment
A Memorandum of Association (MOA) of a company is a very vital document for the incorporation of a company which is often referred to as the constitution or the charter of the company.
The Memorandum of Association is a document that is formulated and signed by the founder members on the registration as well as the establishment of the company. It houses various details such as the details of the initial shareholders, name of the company, the state in which the company is located, the purpose of the formation of the company, authorized capital (if there is any), and the liability of the members.
In a simple sentence, we can say that MOA is the document with a collection of clauses that defines the scope of a company. The changes to the Memorandum of Association can be affected through a special resolution, which should be notified to ROC through its necessary prescribed form.
General Reasons for MOA Amendment
In general or in most cases, the prime reasons for an MOA Amendment may be as follows:
Click on the folders to read the notes
Change of Name
Altering the official registered name of the company to reflect rebranding, a new management structure, or a shift in the business model.
Change of Objective
Modifying or expanding the core business activities and objectives of the company to legally pursue new lines of business or services.
Change of Address
Changing the registered address of the company from one state to another across different Registrar of Companies (ROC) jurisdictions.
Authorized Capital
Making a change in the authorized share capital of the company, often to allow for the injection of new funds or issue of new shares.
Member Liability
Executing an alteration in the liability of the members of the company, changing how members are held financially responsible.
Further Matters
Making changes to any further necessary matters of the company as dictated by evolving business operations or legal compliance.
Procedures for MOA Amendment
The legal procedure requires strict compliance with the Companies Act. We ensure every step is followed meticulously:
1. Convene Board Meeting
Convene the meeting of board of directors with the agenda of MOA Amendment and drafting of resolution. Decide the date, time, venue of an Extra Ordinary General Meeting (EGM) and prepare to issue notices at least 21 days prior to the EGM.
2. Pass Special Resolution
Pass the special resolution and get approval for alteration in the MOA of the company with the consent of at least the majority in number during the EGM.
3. File Form MGT-14
Within 30 days of passing the resolution, the company has to file the necessary form (Form MGT-14) with ROC notifying the MOA Amendment.
Necessary Documents for the Process
The following key documents must be kept ready to successfully file for an MOA amendment:
- MOA and AOA of the company
- Incorporation Certificate
- Certified true copy of special resolution
- Copy of notice of EGM
- Copy of altered Memorandum of Association
Smooth MOA Amendment Process with TRUSTLINK
After proper study of your existing MOA and AOA, we recommend the necessary amendments and their viability. We help you draft the resolution for the EGM and draft the exact alterations of the MOA.
Timeline: The filing of an MOA Amendment with ROC generally takes 10-15 days depending upon government processing times.
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