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Memorandum and Articles Change

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Amendment of Articles and Memorandum of Association

A company can amend the provisions in the Articles of Association/Memorandum of Association subject to compliance with company law provisions. Clauses in Articles of a company can be amended by passing a special resolution at a meeting of shareholders and filing the necessary documents with the ROC.

A company may be required to amend its Articles of Association to delete or add regulations to suite its business. Our service covers:

  1. Analysis of requirements
  2. Documentation of amendments
  3. Filing with the ROC.

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A company can amend the provisions in the Articles/Memorandum of Association subject to compliance with company law provisions. Clauses in Articles of a company can be amended by passing a special resolution at a meeting of shareholders and filing the necessary documents with the ROC.

Procedure

  1. Convene a Board Meeting to consider the proposal and call for a General Meeting.
  2. Conduct the General Meeting and pass the resolution for amendment of articles.
  3. Prepare the minutes of the meeting and get the process/documents vetted by certified CS / CA / CWA professionals
  4. File the copy of resolution in Form MGT14 certified by a professional with the ROC within 30 days of passing the resolution with a copy of the resolution.

What is Articles of Association (AOA)

AOA is the bylaw of a company and is filed along with the incorporation documents. AOA contains the rules and regulations for the management for the internal affairs of a company and how to conduct its business. It also defines the relationship of the company with its members and directors and relationship between members and directors. It also describes the powers of directors. The AOA describes the rights and duties of its members as well as responsibilities of its directors.

What is Alteration of Articles

Alteration of articles refers to any addition or deletion of any provisions in the AOA. Articles can be amended by following the procedures under the company laws.

Who can amend the articles?

Articles of a company can be amended by shareholders with ¾ majority vote.

What is to be filed with the ROC?

After amended to articles, the resolution and a copy of amended articles need to be filed with the ROC.

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