Main object clause

This query is : Resolved

Kalpana Tekchandani (Querist)
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09 July 2013 Dear All,

A Pvt. Ltd. company is presently having the below main object clause:

"To carry on in India or elsewhere the business as traders, merchants, wholesalers, retailers, liasioners, stockists, products booking, distributors, importers, exporters, middle man, brokers, suppliers, indentors, C&F agents, commission agents, buying agents, selling agents, or otherwise to exchange, load, unload, handle, deal in all types of machinery equipments, components, electrical & electronic goods, articles, things, products, all commodities, consumables, accessories, spare parts, ingredients, systems, substances, instruments, chemicals, devices, fittings, tools, dies, jigs, compounds, raw materials, by-products, semi-finished products, materials, wastes, residues, derivatives, appliances, stores, preparations, mixtures, vehicles and other items, used in any industry, commerce, transport, public welfare needs, defence, aviation, agriculture, construction, power, transmission, pollution, or in any other field and to do all such incidental acts & things necessary for the attainment of the foregoing objects."

The company already carries out activities of maunfacturing and selling of its products to wholesalers as well as retailers.

Presently the company is planning to incorporate more products in its profile and opt for direct selling for selling its products in the market.

Hence my query here is that whether the existing main object clause as mentioned above is adequate and can the company opt for direct selling under this clause itself or the company needs to alter its Main object to state the object of direct selling.

I hope my query is clear. Plz guide.

Thanks

Ajay Mishra

Ajay Mishra (Expert)
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10 July 2013 You can not use paragraph 2 and 3 as main object.

You have mentioned this line" The company already carries" or "Presently the company is planning".

You can not use this type of words, until and unless it is registered by ROC or approve by the ROC.

Kalpana Tekchandani

Kalpana Tekchandani (Querist)
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11 July 2013 Dear Ajay ji,

Thank you for your response.

I think ihave not been able to explain my query properly.

The 2nd & 3rd paragraph is not a part of the main object clause. They are a part of my query.

Only the paragarph "To carry on in India...." is the clause already included the main object in MOA. This is the only clause and based on it the company carries out activities of maunfacturing and selling of its products.

I am trying to say that now this company wants to enter into the business of direct selling so is it necessary to insert a new clause for doing the same or the clause existing is enough to carry out the new business.

Now i hope i have been able to clearly state my query.

Regards,

Ajay Mishra

Ajay Mishra (Expert)
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11 July 2013 No need to insert clause, you have already mentioned in your article as trader/whole seller, which includes selling of product.

Kalpana Tekchandani

Kalpana Tekchandani (Querist)
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11 July 2013 And if the company wants to sell its product by direct selling means through Multi Level Marketing, then also its not needed.

Ajay Mishra

Ajay Mishra (Expert)
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11 July 2013 If you use the word trading it includes every things. You also added a last line as incidental act and things which also help you on doing this.

Kalpana Tekchandani

Kalpana Tekchandani (Querist)
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11 July 2013 Thank you very much Ajay ji

Ajay Mishra

Ajay Mishra (Expert)
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11 July 2013 My Pleasure..............

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