MOA/ AOA Amendment

When Memorandum is to be Amended?

Object Clause Change

Lawful objects can only be stated and included in the objects clause of the memorandum of association, whether the company engages in all those activities or not. Any activity which contravenes the objects clause and is not expressly mentioned in the Memorandum of Association would be considered beyond a company’s powers.

Name Clause

The name of the company must end with ‘Limited’ in the case of limited companies and ‘Private Limited’ in the case of a private limited company. The Companies Act, 2013 states that a company cannot be registered with an undesirable name.

Liability Clause

The Memorandum of Association must state whether the company is limited by shares or by guarantee. Also, the Memorandum of Association must mention that the liability of its members is limited.

Situation Clause

The Memorandum of Association must mention the State in which the registered office of the company will be located. The domicile of the company must be stated for determination of jurisdiction of Court, GST authorities, tax authorities, and ROC..

Capital Clause

The Memorandum of Association of a company having share capital is required to show the amount of share capital with which the company is being registered, and the division therefor into shares of fixed value.