Registration of moa & aoa under co act 2013 from co act,1956

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Hitesh Sharma (Querist)
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04 August 2015 What are the forms required to be submitted to MCA if we want to register MOA & AOA in Companies ACt,2013 (of a company registered under Companies Act,1956)?

Arpit Shah

Arpit Shah (Expert)
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04 August 2015 IF U Want MOA & AOA Then Sent Me Mail ID SO Sent U

Hitesh Sharma

Hitesh Sharma (Querist)
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04 August 2015 Sir I need to know the forms which are to be filed for the re-registration of MOA & AOA under companies act, 2013?
Whether I need to file MGT-14 for this purpose?

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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20 July 2025 Great question! Here’s a clear explanation about filing/update of Memorandum of Association (MOA) and Articles of Association (AOA) under the Companies Act, 2013, especially for companies initially registered under the Companies Act, 1956.

Background:
Companies registered under Companies Act, 1956 are deemed to be registered under Companies Act, 2013 from its commencement date (April 1, 2014).
However, the MOA & AOA drafted under the old Act may need to be updated or altered to comply with the new Act.
1. Updating MOA & AOA to comply with Companies Act, 2013
If your company wants to alter or replace MOA & AOA to align with the new Act provisions, here’s the process:

2. Forms required for filing MOA & AOA under Companies Act, 2013
Form INC- 24: For filing Application for approval of Central Government for alteration of MOA (if applicable)
Form MGT-7: Annual Return (not directly related to MOA/AOA filing)
Form MGT-14: Filing of resolutions with the Registrar, including approval of alteration of MOA/AOA.
3. Do you need to file MGT-14?
Yes, MGT-14 is mandatory to file with ROC after passing a special resolution at the General Meeting approving the alteration of MOA or AOA.
This form must be filed within 30 days of passing the resolution.
4. Process Summary
Step Details
Board Meeting Propose alteration of MOA/AOA
Shareholders Meeting Pass special resolution approving alteration
File MGT-14 File special resolution with ROC
File Altered MOA/AOA (INC-24) If Central Govt approval required (for some alterations)
5. Additional Notes
Minor amendments may only require filing MGT-14.
If changes require Central Government approval, then Form INC-24 is mandatory.
Alterations include changes in company name, objectives, share capital clauses, etc.
Summary
Requirement Relevant Form Comments
Alter MOA or AOA Special Resolution + MGT-14 Must be filed within 30 days
Central Government Approval (if required) INC-24 For certain types of alterations

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