- The Memorandum of Association MOA is an important document of a Private Limited Company in certain Jurisdictions. It contains the Article of Association (AOA) as the company’s internal constitution for regulating the business operation.
- It shows the company’s initial capital and the ‘object clause’ which lets the shareholders, creditors, and those dealing with the company know about what is the limit of range of operation. While incorporating a company, the memorandum is mandatory to be filed with the Registrar.
For numerous reasons, a private limited company’s MOA can be modified or amended. In the process, the concerned organization or individual is required to follow the provisions of the Companies Act, 2013 and the guidelines of the Registrar of Companies ROC.
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- . In case of changing the Name of the Private Limited Company
- . Change of Registered Office of the Company
- . Alteration in any Company’s Authorized Capital
- . Alteration in Capital Clause of the Company
- . Change in the Company’s Members’ Liability
- . If the Object Clause of the Pvt. Ltd. Company is modified
- . In case of a Merger with any other Business Personnel or Entity
Requirements During Amending Public Limited Company’s MOA
Board Meeting
A Board Meeting should be organized by the Limited Company to approve the MOA Amendment from the Board of Directors.
Shareholders’ Approval
Following the Board Meeting, the company’s shareholders should be addressed to get approval on the MOA Amendment by passing a special resolution.
Documentation of the Amended Memorandum of Association
Following the completion of the process, the amended MOA should be recorded in all the official documentation of the concerned organization.
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