The Memorandum of Association (MOA) outlines the fundamental objectives and scope of a company. Amending the MOA is necessary when a company needs to modify its operational framework or comply with legal changes. At Global Taxman, we provide end-to-end assistance in amending the MOA, ensuring compliance with the Companies Act and other regulations.
What is an MOA Amendment?
An MOA Amendment refers to modifying specific clauses in the Memorandum of Association to align with the company’s current objectives or requirements. It is a formal process requiring shareholder approval and submission to the Registrar of Companies (RoC).
When is an MOA Amendment Required?
Change in the company’s name.
Change in the company’s registered office.
Alteration of authorized capital.
Modification of business objectives or scope.
Conversion of company type (e.g., private to public).
Step-by-Step Process
Board Resolution: Hold a board meeting to propose the amendment and set the date for the Extraordinary General Meeting (EGM).
Shareholders' Approval: Pass a special resolution in the EGM to approve the amendment.
Drafting Changes: Update the MOA with the approved amendments.
Filing with RoC: Submit the revised MOA along with the required forms (e.g., MGT-14 and INC-24) to the RoC.
Registrar's Approval: Upon approval, the updated MOA becomes legally valid.
Documents Required
Notice and minutes of the board meeting and EGM.
Special resolution passed in the EGM.
Updated copy of the Memorandum of Association (MOA).
Form MGT-14 and other required forms.
Consent of directors or shareholders, if applicable.
Why Choose Global Taxman?
Expert Assistance: Guidance on drafting and filing amendments with accuracy.
Compliance Assurance: Ensure adherence to all legal and procedural requirements.
Tailored Solutions: Customized services to meet your company’s specific needs.
Timely Execution: Fast and efficient handling of the amendment process.
Frequently Asked Questions (FAQs)
Can the MOA be amended for any reason? Yes, but it requires approval from shareholders and, in some cases, regulatory authorities.
How long does the amendment process take? The timeline typically ranges from 7 to 15 days, depending on RoC approvals.
Is government approval required for all amendments? Some amendments, such as name changes or registered office shifts, may require additional approvals.
Can MOA and AOA be amended simultaneously? Yes, they can be amended together if the changes are interrelated.
