Avyud Consultancy offers seamless MOA Amendment Services, ensuring hassle-free modifications to your company’s Memorandum of Association (MOA). Whether you need to alter the company name, change the registered office across states, modify the objects clause, or increase authorized capital, we handle it all with precision. Our experts assist in drafting resolutions, obtaining shareholder consent, and filing necessary forms with the Ministry of Corporate Affairs (MCA). With a streamlined process and compliance-focused approach, we complete MOA amendments within 2-5 business days, subject to document submission and government processing. Trust Avyud Consultancy for a smooth and legally sound MOA amendment process that aligns with your business growth and regulatory needs.
It is important to consider the effect of the Memorandum of Association on transactions that the company may enter into. With s23(1) and s25(1) of the Companies Act now in force, the legal problem of ultra vires, where any acts beyond the powers or capacity dictated to the company by the Memorandum of Association would be invalid, will now be avoided. These acts will still be considered valid and legally enforceable. However, the limits imposed by the Memorandum of Association can still function as a form of internal policy on a company’s capacity and external powers, and breaches of the Memorandum can be penalized accordingly from an internal perspective.
- Name Clause: – Under this clause name of company is stated, as approved by MCA.
- The Object Clause: – This is the most important clause. Company is free to choose any object which is not illegal. This clause is divided in two parts that is a) Main Object and b)The objects which are necessary for furtherance of the object specified in clause 3(a).
- Liability Clause: – Liability clause states that the liability of the member is limited to the extent of amount unpaid on shares.
- Capital clause: – Limited company having share capital must state the amount of its share capital and division thereof into shares of fixed denominations in its capital clause.
- Subscription Clause: – The memorandum has to be signed by each subscriber in presence of at least one.
- Registered Office Clause: – The memorandum must mention the state in which registered office of the company is situated. Complete address of the company need not required to mention here.
What is the MOA for a Pvt. Ltd. Company?
Memorandum of Association (MOA) is an important document of a Private Limited Company in certain jurisdictions. This includes the Association of Associations (AOA) as the internal constitution of the company to regulate business operations.
It refers to the company’s initial capital and the ‘object clause’ which lets the shareholders, creditors and those dealing with the company know what is the extent of the extent of the operation. While incorporation of the company, it is mandatory to file the memorandum with the registrar.
When MOA is Filed By The Company?
MOA is filed by the company at the time of incorporation.
What does MOA Amendment Means?
Any change in the existing clause of the memorandum is termed as an amendment to the MoA.
Can Subscription Clause be Altered in MOA?
No, the membership clause is not subject to change in the MoA. The Subscriber Sheet used during the incorporation of the company is valid for life, and no one is allowed to make any further changes to it.
Who can Subscribe to The MOA?
The following persons can subscribe to the Memorandum of Association:
- Individual
- Foreign citizens and Non-resident Indians
- Minor (courtesy a natural guardian)
- A company that is incorporated under the Companies Act.
- A company that is incorporated outside India
- A society that is registered under the Society Registration Act,1860
- Limited Liability Partnership
- A Corporate Body that is Incorporated under an Act of Parliament or the State Legislature
What is The Difference Between AOA and MOA?
MOA or Memorandum of Association describes the power and objectives of the company, AOA defines the rules laid down by the company.
