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MOA/AOA amendment

Changing your authorized capital can significantly impact your company’s growth and expansion. The process is governed by the Companies Act 2013, and it’s important to follow the legal steps. Vyapaar Registration offers expert support to ensure a smooth and compliant authorized capital increase process. Contact Vyapaar Registration today to start increasing your company’s authorized capital!

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MOA/AOA amendment

The Memorandum of Association (MOA) is the foundational document for a company, created during registration. It defines the company’s objectives, operational boundaries, and internal regulations, setting the scope and legal parameters for its operations. The MOA is crucial in establishing the company’s relationship with its shareholders and guiding its overall direction.
The Articles of Association (AOA) govern the internal management and operations of a company. It includes rules for the roles of directors, shareholder rights, profit-sharing, board and general meetings, borrowing money, and more. The AOA can be amended through a formal process as per the Companies Act or relevant laws. Vyapaar Registration can assist with both MOA and AOA amendments, ensuring compliance and smooth execution.
Contact us today for expert support!

Reasons for Amendment

MOA/AOA

Amending the Memorandum of Association (MOA) or Articles of Association (AOA) may be necessary for various

reasons. Here are some common ones:

  • Expansion of Business Activities

If a company diversifies its business activities, amending the MOA/AOA helps align the documents with new objectives.

  • Change in Capital Structure

If there is an increase in authorized capital or changes in shareholding, amendments to the MOA/AOA are required to reflect these changes.

  • Mergers & Acquisitions

When a company merges with or acquires another, the MOA/AOA may need to be amended to accommodate new structures or operations.

  • Changes in Company’s Objectives

If a company decides to expand or narrow its business objectives, the MOA needs to be updated accordingly.

  • Changes in Governance

Any structural changes, like adding or removing directors or key personnel, might require updates in the AOA to define new roles or responsibilities.

  • Compliance with New Laws

Amendments may be required to comply with updated regulations, industry standards, or government directives.

  • Rebranding or Business Strategy Shift

Changes in the company’s brand or strategy may require updating the objectives and internal governance, reflected in the MOA/AOA.

  • Addressing Shareholder Issues

Changes related to shareholder rights or profit distribution might require amendments to ensure smooth functioning and legal compliance.

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Increase Your Company’s Authorized Capital

Steps

Increasing your company’s authorized capital involves the following steps:

01

Board Resolution

Hold a board meeting to approve the capital increase.
Prepare for an Extraordinary General Meeting (EGM) to pass a special resolution.

02

Passing a Special Resolution

Call an EGM and pass a special resolution for the increase.
Update the MOA and AOA with the new capital details.

03

Filing with RoC

File Form SH-7 and Form MGT-14 with the Registrar of Companies (RoC).

04

Confirmation from RoC

Once the RoC processes the filing, they will provide confirmation.

Documents Required for Amending MOA/AOA

The process of amending the MOA/AOA generally takes around 10 to 15 working days due to required approvals.
Vyapaar Registration can help you gather and file all necessary documents for a smooth, compliant process!

Form Type Documents
Form MGT-14 - Certified True Copies of Special Resolutions with explanatory statement
- Meeting notice with annexures
- Altered Memorandum & Articles of Association
- Attendance Sheet of General Meeting
- Shorter Notice Consent (if applicable)
Form SH-7 - Certified True Copy of Special Resolution
- Altered Memorandum of Association
- Minutes of General Meeting
- Affidavit from Directors
Additional Documents - Certificate of Incorporation
- Altered MOA & AOA
- Digital Signature of authorized director
- Proof of registered business address
- List of shareholders and directors

Key Updates After Amending Your MOA/AOA

MOA (Memorandum of Association) & AOA (Articles of Association)

Official seals and common seals

Bank accounts and related documents

Tax records (PAN, TAN, GST, etc.)

Business licenses and permits

EPF and ESI department records

Website and social media profiles

Letterheads and business cards

Statutory registers

Employment and business contracts

FAQ

To amend your MOA/AOA, you need to pass a special resolution, file necessary forms with the RoC, and update your company documents. Vyapaar Registration can handle this for you, hassle-free!

The process typically takes 10-15 working days after submitting the required documents and approvals. Vyapaar Registration ensures a quick and smooth amendment process for your company.

Documents like special resolutions, minutes of meetings, and updated MOA/AOA need to be filed with the RoC. Vyapaar Registration can assist in gathering and filing these documents efficiently.

Yes, amendments can be made when necessary, like business expansion or change in capital structure. Vyapaar Registration helps ensure your amendments are legally compliant and smooth.

Once filed, the RoC will process the amendments, and your company’s documents will be updated. Vyapaar Registration ensures timely filing and smooth compliance with all necessary steps.

Yes, you can amend your MOA to reflect new business objectives. Vyapaar Registration can guide you through the process, ensuring everything is done legally and efficiently.

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