25 December 2013
IS REGISTRATION NEED FOR ADDON FOR EVERY NEW WORK AND WHAT WILL BE THE FEE FOR REGISTRATION FOR EVERY NEWW WORK ADDED TO PRIVATE LIMITED COMPANY ??????
EXAMPLE : 1ST I INCORPORATE PRIVATE COMPANY WITH SOFTWARE AFTER THAT
01 August 2024
When a private limited company wants to add new business activities that are different from the ones stated in its original Memorandum of Association (MOA), the company must follow certain procedures and may incur specific fees for the amendments. Here’s a step-by-step guide to the process:
### Adding New Business Activities in MOA
1. **Board Meeting:** - Convene a Board Meeting to discuss and approve the addition of new business activities. - Pass a Board Resolution to approve the amendment of the MOA.
2. **Special Resolution:** - Call an Extra-Ordinary General Meeting (EGM) to get approval from the shareholders. - Pass a Special Resolution to amend the MOA.
3. **Amending the MOA:** - The MOA needs to be altered to reflect the new business activities in the Objects Clause. - Prepare a revised MOA incorporating the new activities.
4. **Filing with Registrar of Companies (RoC):** - File Form MGT-14 within 30 days of passing the Special Resolution along with the following documents: - Certified copy of the Special Resolution. - Explanatory Statement under Section 102 of the Companies Act, 2013. - Altered MOA. - Pay the requisite filing fee as per the Companies (Registration Offices and Fees) Rules, 2014.
### Fees for Registration and Amendments
The fees for amending the MOA and adding new business activities depend on the authorized share capital of the company. Here's a general outline:
- **Form MGT-14 Filing Fees:** - The fee for filing Form MGT-14 varies based on the authorized capital of the company. It can range from Rs. 200 to Rs. 600, depending on the amount of the authorized share capital.
- **Stamp Duty:** - Additional stamp duty may be applicable based on the state in which the company is registered.
### Example Process
1. **Initial Incorporation:** - If the company is initially incorporated to conduct software services, this is stated in the Objects Clause of the MOA.
2. **Adding Recruitment Services:** - Convene a Board Meeting and pass a resolution to add recruitment services. - Hold an EGM to get shareholder approval. - File Form MGT-14 with the revised MOA and other required documents.
3. **Adding Printing Services:** - Follow the same steps: Board Meeting, Special Resolution at an EGM, and filing Form MGT-14.
### Steps for Each New Activity:
1. **Board Meeting and Resolution:** - Every new activity requires a Board Meeting and a resolution to amend the MOA.
2. **Shareholder Approval:** - Convene an EGM and pass a Special Resolution for each new activity.
3. **Filing with RoC:** - File Form MGT-14 with all necessary documents and pay the filing fees.
### Key Points to Remember
- Each time a new business activity is added, you need to amend the MOA. - The process involves Board and shareholder approvals followed by filing the necessary forms with the RoC. - Fees are involved for filing the forms and possibly for additional stamp duty based on state regulations.
By following these steps, a private limited company can legally add new business activities to its existing structure. It’s advisable to consult with a legal professional or a company secretary to ensure compliance with all procedural and regulatory requirements.
CAclubindia
