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Alteration in moa

Dhara (Company Secretary) (298 Points)

26 July 2016

Dear all,

In case of alteration in MOA we have to attached an ALTERED MOA as per companies act 2013. my company whoes MOA is required to be altered was incorp in 1988 which also has other object clause in it.

As we need to attached new MOA as per new act do i have to remove the other object clause frm the MOA?? where should i mentioned other object clause??? and do we need to also attached subscribtion list ??? if yes my shareholders have also changed do i need to make changes in subscribtion pade and then attached ? pls reply urgently

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3 Replies

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 28 July 2016

1) In case of companies incorporated under 1956 Act alteration of MOA as per new Act is not mandatory.

2) If you want to amend MOA as per new Act, same could be as per model given in Schedule-I to the Act.

3) Subscripttion clause is never changed during the lifetime of the company.

1 Like

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 30 July 2016

1) In case of companies incorporated under 1956 Act alteration of MOA as per new Act is not mandatory. But it is advisable to amend the same by removing the other object clause as the new act emphasis that there must not be other objects in the company and hence MOA should alos not contain the same.

2) If you want to amend MOA as per new Act, same could be as per model given in Schedule-I to the Act AND which is same as per the OLD act except the other objects in it.

3) Subscriptttion clause is never changed during the lifetime of the company.Hence, company need to attach the same subscripttion list as it was there in the original MOA filed at time of incorporation of company

1 Like

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 30 July 2016

2) If you want to amend MOA as per new Act, same could be as per model given in Schedule-I to the Act AND which is same as per the OLD act except the other objects in it.