Amend the definition in moa of sec 25 com act 1956
This query is : Resolved
Vasant Bhanushali
(Querist)
07 September 2013
In MOA of Companies which is registered under the Sec 25 of companies act 1956, however i have to change the definition of particular word in MOA
Please suggest me what is the procedure to change the Particular clause not the object clause
Please suggest me what is the procedure to change the Particular clause not the object clause
Ajay Mishra
(Expert)
09 September 2013
• RESTRICTION ON ALTERATION OF MEMORANDUM AND ARTICLE OF ASSOCIATIONS
A company licensed under this section can not alter any provisions of its memorandum in respect of its objects, except with the previous approval of the Central Government. If the alteration comes within any of the clause of sub-section (1) of section 17, the provisions of that section must be complied with inter alia, by obtaining the approval of CLB.
The Regional Director exercising the power of Central Government had while issuing the licence to the company under section 25 of the Companies Act, 1956, may provide that no amendment shall be made to the Memorandum and Articles of Association of thecompany without the prior approval of the Central Government, {C.R. Singhania Vs Garware Club House (2003) 57 CLA 422(Bomb)}
A company licensed under this section can not alter any provisions of its memorandum in respect of its objects, except with the previous approval of the Central Government. If the alteration comes within any of the clause of sub-section (1) of section 17, the provisions of that section must be complied with inter alia, by obtaining the approval of CLB.
The Regional Director exercising the power of Central Government had while issuing the licence to the company under section 25 of the Companies Act, 1956, may provide that no amendment shall be made to the Memorandum and Articles of Association of thecompany without the prior approval of the Central Government, {C.R. Singhania Vs Garware Club House (2003) 57 CLA 422(Bomb)}
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Ajay Mishra
(Expert)
09 September 2013
STEPS FOR CHANGE OF MAIN OBJECTS OF THE COMPANY:
1. Call a Board meeting for proposed change in object clause.
2. Hold a Board meeting for passing following resolutions:
a. Alteration of object clause of by insertion of new main object of MOA
b. Fixing date time place for general meeting for approving the above resolution by shareholders.
c. approval of draft notice of general meeting.
d. Authorisation for filing forms with MCA.
3. Hold a general meeting for passing above resolutions.
4. File Form-23 with MCA with in 30 days from passing of shareholders resolutions.
5. Get certificate from ROC for change of object clause of the company
STEPS FOR CHANGE OF MAIN OBJECTS OF THE COMPANY:
1. Call a Board meeting for proposed change in object clause.
2. Hold a Board meeting for passing following resolutions:
a. Alteration of object clause of by insertion of new main object of MOA
b. Fixing date time place for general meeting for approving the above resolution by shareholders.
c. approval of draft notice of general meeting.
d. Authorisation for filing forms with MCA.
3. Hold a general meeting for passing above resolutions.
4. File Form-23 with MCA with in 30 days from passing of shareholders resolutions.
5. Get certificate from ROC for change of object clause of the company
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Vasant Bhanushali
(Querist)
10 September 2013
how to get approval from cental Govt and provide the procedures
Vasant Bhanushali
(Querist)
10 September 2013
how to get approval from company law board for chage in clause as per sec 17(1)
Ajay Mishra
(Expert)
10 September 2013
Make application to RD for such approval.
Vasant Bhanushali
(Querist)
10 September 2013
thank a lot but sir i need more help please provide me detailed procedure for application when and where
Ajay Mishra
(Expert)
10 September 2013
The procedure are same as given above. In adition you firstly make application to RD for taking prior approval for changes.
Vasant Bhanushali
(Querist)
10 September 2013
is there is any formate for application to RD and which documents to be attach along with application
Ajay Mishra
(Expert)
10 September 2013
I don't have any application format. I will suggest you to take professional consultancy thereon.
Vasant Bhanushali
(Querist)
10 September 2013
Thank you sir for provide a useful details
Ajay Mishra
(Expert)
10 September 2013
My Pleasure..........
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