Change in memorandum and articles of the company

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SUSHIL KUMAR SHARMA (Querist)
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15 July 2014 Dear All Experts,

We are a private Limited Company. My question is as follow;-

Is there is any requirement to change the Memorandum and Articles of the Company as per the new Companies Act, 2013?

Thanks

Shashikant Sharma

Shashikant Sharma (Expert)
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15 July 2014 It is not necessary but suggested that whenever a company amends its articles, Articles should be as per the new Act.

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Ankur Garg

Ankur Garg (Expert)
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15 July 2014 Amendment in AOA as per CA 2013 is not mandatory. Kindly refer section 5(9) of the act. However for administrative convenience at later stage it is advisable to amend your AOA.

You may download new set of MOA and AOA as per Companies Act, 2013, from the link given below:

https://www.caclubindia.com/forum/download-sample-moa-and-aoa-as-per-companies-act-2013-298105.asp

Hope that the same would be of some help.

Thanks

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SUSHIL KUMAR SHARMA

SUSHIL KUMAR SHARMA (Querist)
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16 July 2014 Dear Sir,

Thanks for your reply. Please suggest me wether it is mandatory to alter MoA as per the New Companies Act, 2013.

Thanks

SUSHIL KUMAR SHARMA

SUSHIL KUMAR SHARMA (Querist)
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16 July 2014 Dear Sir,

Thanks for you Reply. Please suggest me whether it is mandaory to alter MoA (Odject Clause) as per the New Companies Act, 2013.?

An early reply is highly appreciable.

Thanks

Ankur Garg

Ankur Garg (Expert)
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16 July 2014 Again I would say it is not mandatory to alter or re-adopt entire new set of MOA. However it is recommended to alter the same for administrative convenience.

Thanks