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Remove of director name from MOA & AOA

31 May 2019

Their was 3 director holding equal shares in a company. company was incorporate 10 years back. Recently 1 of the director resign the directorship everything was settled his share was transfered to existing 2 director equally. ROC filling for director removal is done. Can we ammend the MOA and AOA by removing that director name from it,

If yes plz share the process
If no by which section of company act

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3 Replies

anoop (g.m accounts) (214 Points)
Replied 31 May 2019

No , name of Directors appointed at the time of incorporation cannot be removed from MOA, AOA and it is also not required

shivani (cs student) (22 Points)
Replied 01 June 2019

in moa aoa there is mentioned first directors of company and if director
resigns later on even then he is the first director so name can't be removed . but u can find in the master data of the company on mca that on filing DIR 12 and DIR 11, his name is removed from master data current status

Shrikant (Associate) (350 Points)
Replied 03 June 2019

MoA and AoA are the charter documents of the Company. We cannot change the names of directors from the AoA as they are the 'First Directors' of the Company.