Can the MOA and its clause be altered?

Can the MOA and its clause be altered?

3. Alteration of Liability Clause in Memorandum of Association. The liability clause can be altered only when a public company is converted to a private company.

How do you change the clause in the memorandum of association?

The application must be accompanied by the following documents:

1. Copy of MOA (Memorandum of Association) with proposed alterations.
2. A copy of the details of the general meeting at which the resolution authorizing such alteration was passed.
3. A copy of Board Resolution or Power of Attorney.

How do I amend AOA and MOA?

The company is required to file special resolution passed by shareholders for alteration of memorandum of association with the Registrar of Companies. Form MGT-14 has to be filed for registration of special resolution within 30 days of passing of resolution.

How the registered office clause can be amended?

Change of Registered Office Situation: Under Section 13(4) the alteration in the registered office can be done in a prescribed manner. The registered office can be moved from one state to another by a special resolution and sanction of the Central Government.

How can a company alter its name clause?

Alteration in the name clause can be effected in the following ways: (i) A company can change its name at any time in the course of its business by (a) passing a special resolution, and (b) obtaining the approval of the Central Government in writing to the change.

How a memorandum can be altered?

A company may change its objects as enshrined in its MOA in accordance with the provisions of Section 13 of the Act. Accordingly, any alteration of MOA with respect to the objects of the company is permitted through Special Resolution.

Which Cannot be altered in memorandum of association?

Alteration to the Liability Clause: The Liability clause of the memorandum cannot be altered except with the written consent of all the members of the company. By altering the liability clause, the liability of the directors of the company can be made unlimited.

What are the main clauses of memorandum of association?

Memorandum of Association (MOA) includes six different clauses as mentioned below:

• Name Clause.
• Domicile Clause.
• Objects Clause.
• Liability Clause.
• Capital Clause.
• Subscription Clause.

What is the difference between AOA and MOA?

The first difference between MOA and AOA while the MOA (Memorandum of Association) describes the powers and objects of the company, the AOA (Article of Association) defines its rules. The MOA is subordinate to the Companies Act, and the AOA (Articles of Association) is subordinate to the memorandum.

Why is MOA and AOA important?

MoA is an abbreviation for Memorandum of Association, and AoA stands for Articles of Association. They safeguard and structure your business, helping in establishing the company’s identity, working methodology, and goal.

What is MOA and AOA 11?

MOA. Memorandum of Association (MOA) is a document that contains all the fundamental data which are required for the company incorporation. Articles of Association (AOA) is a document containing all the rules and regulations that govern the company.

Are MOA and AOA public documents?

Memorandum of Association (MOA) is the supreme public document which contains all those information that are required for the company at the time of incorporation. Capital Clause – The total capital of the company. Subscription Clause – Details of subscribers, shares taken by them, witness, etc.

How do I download AOA and MOA?

You can get a copy of your companies MOA and AOA using Get Certified Copy service of MCA. Select Document Category as Incorporation Documents and select Year of Filing i.e, Incorporation Year. Make a payment of fees and create a request for its certified copies.

Is AOA is a public document?

The articles are a public document open to inspection at Companies House. They create a contract between the company and each of its members in their capacity as members.

Who Cannot be a member of the company?

1972, a firm not being a person cannot be registered as a member of the Company. Such firm can be a member of section 8 company. In the case of partners, a firm as such cannot be registered as a member, but the partners in their individual names may be registered as joint holders of the shares.

What are the main documents required to form a company?

To incorporate their companies in India, Indian Nationals will require the following documents for DIN:

• PAN Card. The proposed Director of the Company should submit a PAN Card copy for company registration.
• Address Proof.
• Residential Proof.
• Passport.
• Address Proof.
• Residential Proof.

Which company share Cannot be transferred?

Private Company

What are the rules for transfer of shares?

A person who gives his signature, name and address as approval for transfer must see the transferor and the transferee sign the share/debentures transfer deed in person. The relevant share/debenture certificate or allotment letter with the transfer deed must be attached and sent to the company.

How do I change ownership of shares?

The transfer procedure in summary is:

1. The seller of the shares completes and signs the stock transfer form.
2. Where necessary, the buyer signs the stock transfer form.
3. If required, the form is sent to HMRC for stamping and stamp duty is paid.
4. The company receives and checks the transfer documents.