What are AOA / MOM Amendment?
To change the objects or aims and objectives of your business, you need to amend the Memorandum of Association. The MoA contains the object clause. This is not at all difficult. There’s a well-defined procedure for the same. For example, one mistake most companies make is to include several areas in the main objects. This will not be approved. For example, if you are in the IT business, you can cover all software services in the main objects, but other services, such as hardware, trading of related items must be included in ancillary objects.
Changes to the Memorandum of Association of a company would require the passing of a special resolution and shareholders consent. Other Changes to Memorandum can include changing the name of a company, changing registered office from state to state, alteration of objects clause, alteration of a capital clause or an increase of authorized capital.
Price and Plan
Price may varies for different states in India
MOA amendment for a private limited company
MOA amendment for a limited company
When Memorandum is to be Amended?
Object Clause Change
Lawful objects can only be stated and included in the objects clause of the memorandum of association, whether the company engages in all those activities or not. Any activity which contravenes the objects clause and is not expressly mentioned in the Memorandum of Association would be considered beyond a company’s powers.
The name of the company must end with ‘Limited’ in the case of limited companies and ‘Private Limited’ in the case of a private limited company. The Companies Act, 2013 states that a company cannot be registered with an undesirable name.
The Memorandum of Association must state whether the company is limited by shares or by guarantee. Also, the Memorandum of Association must mention that the liability of its members is limited.
The Memorandum of Association must mention the State in which the registered office of the company will be located. The domicile of the company must be stated for determination of jurisdiction of Court, GST authorities, tax authorities, and ROC.
The Memorandum of Association of a company having share capital is required to show the amount of share capital with which the company is being registered, and the division therefor into shares of fixed value.
MOA/AOA Amendment-Process Flow
Preparation of Resolutions
Preparation of Forms
Drafting of Revised MOA
Filing of Forms with MCA