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Adoption of moa

prakash (Company Secretary) (1352 Points)

30 August 2014

Dear All,

Can a existing company adopt MOA as per companies Act, 2013 by passing special resolution in general meeting, if not, what is procedure to adopt new set of MOA as per provisions of the Companies Act, 2013

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3 Replies

CSRenuBang (CS) (48 Points)
Replied 16 September 2014

yes. Ialso have the same Question.

Can an exisiting Private Limited Company Adopt a new set of Memorandum of Association as per Companies Act, 2013 for administartive convenience by passing a special resolution under section 13 of the act?

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 17 September 2014

Earlier Object Clause was divided into three categories whereas in the new Act it is divided into two categories only. Hence it will amount to change of Objects Clause of Memorandum for which you have to follow procedure given in Sec.13 read with Companies (Incorporation) Rules 2014.

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CSRenuBang (CS) (48 Points)
Replied 17 September 2014

thank you Sir!

just wanted to know whether passing the Resolution for Adopting a new set of memorandum for an existing pvt Company instead of alteration of abject clause result in any non compliance?