Alteration in moa object clause

This query is : Resolved

Kavita R (Querist)
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15 July 2024 A pvt. ltd was incorporated in 2015. Initially in INC 1 for name availability A Partnership firm was taken over and the pvt ltd co. was formed. But while submission of INC 7 in the MOA the taking over of partnership clause was by mistake not taken. This has come to our knowledge now i.e. in 2024. Can any one suggest is there any way to rectify the same please.

Kindly revert urgently.

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)
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13 August 2025 Steps to Alter MOA Object Clause
Board Meeting:
Convene a Board Meeting to approve the proposal for alteration of the MOA (specifically the Object Clause).
Pass a Board Resolution for calling a General Meeting of shareholders.
General Meeting:
Call an Extraordinary General Meeting (EGM) of shareholders as per the Companies Act, 2013 rules.
Obtain Special Resolution approving the alteration of the MOA to include the clause regarding “taking over of partnership firm.”
Filing with MCA:
File Form MGT-7 (Annual Return) and Form SH-7 (for alteration of MOA) with the Ministry of Corporate Affairs (MCA).
Attach the Special Resolution and altered MOA.
Fee and Approval:
Pay the prescribed fees for alteration.
MCA will approve and update the records with the amended MOA.
Important Notes:
The alteration is allowed under Section 13 and Section 17 of the Companies Act, 2013.
Since this is a retrospective omission, the company can rectify it now without penalty.
Ensure that the new clause is carefully drafted to clearly state the “taking over of partnership firm” details.
Check the Articles of Association (AOA) for any related amendments, if necessary.

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