The Memorandum of Association of a company determines the constitution of a company, including the permitted limit of activities of the company, the status of incorporation, type of company, capital clause, liability clause and more. When changing the name of a company, changing the name of a company may require a registered office from one office to another. Changes in object clauses, change of capital clause, or increased capitalization. To change the memorandum of a company’s association, a special resolution and shareholders’ consent will need to be passed.
eMindsCA.com is a leading professional service platform in India, offering various services like company registration, trademark filing, GST registration, income tax filing and more. eMindsCA.com can help you make an amendment to the Memorandum of Association of a company. To complete the Memorandum of Association amendment, the average time for filing is approximately 10-15 working days, government processing time and client documents are subject to submission. Receive a free consultation on the process for amending the memorandum of association by scheduling an appointment with eMindsCA.com Advisor.
Major section in Memorandum of Association
Valid items can be said and included in the section of the Memorandum of the Union, whether or not the company is involved in all those activities. From a legal perspective, any activity that blocks the clauses of objects and is not clearly stated in the Memorandum of Association, will be considered ultra-virus beyond the company’s rights.
In the case of limited companies, the company’s name should be with the last word ‘Limited’ and in the case of a private limited company, the last two words should be ‘Private Limited’. The Company Act, 2013 says that no company should be registered with undesirable name.
The Memorandum shall mention the state in which the registered office of the company will be situated. The occupation of the company should be asked to determine the jurisdiction of the court, tax authorities and ROC.
The Memorandum of Association will have to tell whether the company is limited by shares or by guarantee. Also, the Memorandum of Association will have to tell that its members’ liability is limited. A company can not raise the obligation of its members without their written consent.
It is necessary to show the amount of memorandum of share capital of the holding company of the share capital, with which the company is going to be registered, and split in fixed price shares.
How do we help with a Memorandum of Association Amendment
eMindsCA.com can help you with MOA modification.
Got the question Request a call from eMinds CA Business Advisor.
To understand the background of the company before beginning a Business Expert procedure, review the current and proposed MoA and Associations articles of the company. The review will take 1 – 3 business days.
Once you get an understanding of the processes involved in the MOA modification, then our experts will draft the proposals for the process.
After the board’s resolution has passed, our specialists will prepare necessary documents along with the Ministry of Corporate Affairs to complete the MoA Amendment and will file it.
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