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Section 8 companies are formed for charitable, educational, or non-profit purposes. Altering their MOA is highly restricted to ensure the organization does not deviate from its non-profit nature.
Unlike standard companies, a Section 8 company cannot simply pass a resolution to change its objectives. It requires prior approval from the Central Government (power delegated to the ROC/Regional Director).
Board Resolution: Propose the alteration.
Prior Approval (Form INC-18): File an application to the Central Government seeking permission to alter the MOA.
Special Resolution: Only after receiving government approval can the company hold an EGM to pass the Special Resolution.
Filing Form MGT-14 & INC-19: File the resolution and the altered MOA for final registration.
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