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MOA Amendment of a Private Limited Company

The Memorandum of Association (MOA) is the constitution of the company. If your business pivots to a new industry, the Object Clause of the MOA must be legally amended.

Why Amend the MOA?

  • Business Agility: Allows the company to legally engage in new lines of business (e.g., an IT company expanding into manufacturing).
  • Compliance: Ensuring the company does not act ultra vires (beyond its legal powers), which can void contracts.

Detailed Process:

  • Board Meeting: Directors propose the changes to the Object Clause.

  • Shareholders’ EGM: A Special Resolution (75% majority) must be passed by the shareholders approving the new business activities.

  • MCA Filing (Form MGT-14): File the resolution along with the newly drafted MOA to the ROC within 30 days.

  • ROC Approval: The ROC registers the change, officially validating the new business objectives.

Call to Action: Pivoting your business model? We help you modify your MOA safely and legally to support your new vision.

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