Alteration of memorandum and articles of association articles of. Alteration of memorandum of association moa a complete. To obtain the registration of a company an application has to be filed with the registrar of companies. A memorandum of association contains a name clause, registered office clause, object, objects clause, liability clause, capital clause, and association clause. Company can alter its memorandum by way of alteration in following clause of memorandum of. A memorandum of association of any company is a legal document that consist fundamental information required for the incorporation of the company. No alteration shall be made to the memorandum of association or to the articles of association of the company which are for the time being in force unless the alteration has been previously submitted to and approved by the regional director western region of the company law board. Process of alteration in memorandum of association of company. Alteration in capital clause memorandum of association. Alteration of memorandum of association of a company. All clauses of memorandum except capital clause can be altered by following the provisions of. Alteration of memorandum and articles of association.
Under the common law the joint stock companies act 1856, which introduced the memorandum of association into company law, made no provisions for the alteration of a memorandum. Alteration of memorandum of association moa a complete step. Following are the cases where a company has to alter its memorandum of association moa as per. A company may by passing a special resolution alter is name with the approval of the central.
Companies may need to bring changes in the clauses of the company, for which alteration of memorandum of association is required. Following are the cases where a company has to alter its memorandum of association moa as per provisions of section of the act read with companies incorporation rules, 2014 the rules. Alteration of memorandum startup banao startup banao. Alteration of memorandum of association of a business corporation generally. A memorandum of association of any company is a legal document that consist fundamental. Memorandum of association is one of the documents which have to file with the registrar of companies at the time of incorporation of a company. Alteration of memorandum and articles of association free download as powerpoint presentation. According to section 20, a company cannot alter the condition contained in its memorandum except in the cases and in the mode and to the extent for which express provision is made by law. This article gives a brief idea on aspects relating to articles of association and its alteration procedure. Any company which intended to make any change to the memorandum of association moa of its company, will have to comply with the provisions of section of companies act, 20 and any other applicable provisions of the act and applicable rules. L85110ka1981plc0115 44, infosys avenue electronics city. Alteration of memorandum of association is an important exercise through which the company brings about the required flexibility which is pertinent to its existence.
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