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All You Need to Know

What is Amendment to Memorandum?

Amending the Objects Clause in the Memorandum of Association

To update the objects or aims of your business, you need to amend the Memorandum of Association (MoA), which includes the object clause detailing your company’s business activities. While the process is straightforward, it must follow a well-defined procedure. A common mistake companies make is listing multiple areas of business under the main objects clause. For instance, if you’re in the IT sector, you should include all software services under the main objects but list other activities like hardware services or related trading as ancillary objects.

Types of Changes to the Memorandum of Association

Any company that changes its registered office must notify the Ministry within 30 days of the change. A special resolution is required if the registered office is shifted to another city within the same state. If the registered office is moved from one state to another, the company must complete certain formalities, including giving a newspaper advertisement, notifying the State Government, and obtaining an NOC.

Suggested Read: Difference between Memorandum of Association and Article of Association

My File Tax is a leading business platform offering a progressive concept for end-to-end incorporation, compliance, advisory, and management consultancy services for clients in India and abroad. Our Memorandum Amendment procedure is easy, seamless, cost-effective, and quick with My File Tax! In addition to the Memorandum Amendment procedure, My File Tax provides comprehensive services including ROC compliances, LLP annual filing, OPC annual filing, company annual filing, and other business compliance needs. For a free consultation, get in touch with our compliance manager at +91 72074 46677 or email Kbharathca@gmail.com
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ESSENTIAL

5999/-
(All Inclusive)

  • Notice of EGM+ Explanatory Statement
  • Board Resolution
  • Special Resolution
  • Revised MOA
  • Form MGT 14 filing for Special resolution
  • Amendment MOM/AOA of Private Limited Company (Authorized capital up to 1 lakh)-
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ENHANCED

10999/-
(All Inclusive)

  • Notice of EGM+ Explanatory Statement
  • Board Resolution
  • Special Resolution
  • Revised MOA
  • Form MGT 14 filing for Special resolution
  • Amendment MOM/AOA of Private Limited Company (Authorized capital up to 40 lakhs)
  •  
Choose Plan

When Memorandum is to be Amended?

Lawful Objects: The objects clause of the Memorandum of Association must only include lawful activities, whether or not the company intends to engage in all of them. Any activity that contravenes the objects clause and is not expressly stated in the Memorandum of Association is considered beyond the company’s powers.

Company Name: The name of the company must end with ‘Limited’ for a public limited company and ‘Private Limited’ for a private limited company. According to the Companies Act, 2013, a company cannot be registered with a name that is undesirable or misleading.

Liability: The Memorandum of Association must specify whether the company is limited by shares or by guarantee. It must also state that the liability of the members is limited.

Registered Office: The Memorandum of Association must state the State in which the company's registered office is located. This information determines the jurisdiction for legal matters, including Court, GST authorities, tax authorities, and the Registrar of Companies (ROC).

Share Capital: For companies with share capital, the Memorandum of Association must specify the amount of share capital with which the company is being registered and outline the division of this capital into shares of fixed value.