Alteration in moa

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Dhara

Company Secretary

298 Points Joined November 2015

Dear all,

In case of alteration in MOA we have to attached an ALTERED MOA as per companies act 2013. my company whoes MOA is required to be altered was incorp in 1988 which also has other object clause in it.

As we need to attached new MOA as per new act do i have to remove the other object clause frm the MOA?? where should i mentioned other object clause??? and do we need to also attached subscribtion list ??? if yes my shareholders have also changed do i need to make changes in subscribtion pade and then attached ? pls reply urgently

Replies (3)

P C Agrawal

Registered independent director Past Ch

8229 Points Joined March 2007

1) In case of companies incorporated under 1956 Act alteration of MOA as per new Act is not mandatory.

2) If you want to amend MOA as per new Act, same could be as per model given in Schedule-I to the Act.

3) Subscripttion clause is never changed during the lifetime of the company.

CS MOHIT SALUJA

PRACTICING CS Jalandhar 9914558709

5155 Points Joined April 2010

1) In case of companies incorporated under 1956 Act alteration of MOA as per new Act is not mandatory. But it is advisable to amend the same by removing the other object clause as the new act emphasis that there must not be other objects in the company and hence MOA should alos not contain the same.

2) If you want to amend MOA as per new Act, same could be as per model given in Schedule-I to the Act AND which is same as per the OLD act except the other objects in it.

3) Subscriptttion clause is never changed during the lifetime of the company.Hence, company need to attach the same subscripttion list as it was there in the original MOA filed at time of incorporation of company

CS MOHIT SALUJA

PRACTICING CS Jalandhar 9914558709

5155 Points Joined April 2010

2) If you want to amend MOA as per new Act, same could be as per model given in Schedule-I to the Act AND which is same as per the OLD act except the other objects in it.