Tax Filling India | Business Registration & Compliance Support
The Alteration of MOA in a Public Company is a complicated procedure. First, the directors must file the change by filing form INC 25. A copy of the government order must be attached to the amended document, which must be published in two newspapers. The second requirement is to publish the altered MOA on the official website of the company.
To make an alteration in the Memorandum, the Registrar requires a copy of the Board Resolution and the proposed alterations. Once the registrar receives the documents, he will register the change. A copy of the resolution passed by the general meeting and the number of votes cast in favour or against it will also be required. The Registrar will certify the registration within 30 days. The alterations will be effective immediately. The Alteration of the Memorandum of Association in a Public Company requires the consent of the majority of the shareholders or 95% of paid up capital. Once the Board approves the change, it must be passed at the next annual shareholder meeting. If the changes are made to the name clause, the company must submit a special resolution to the Registrar within 30 days of the change. A special resolution is required to be filed by the Board after the alteration is approved. The main differences between a MOA in a Public Company include the objective clause and the capital clause. The objective of the Memorandum of Association describes the goals and purpose of the company.
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