To change the clause of moa

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

17 November 2011 dear sir/madam

pls let me knw the procedure to change the clause of MoA & also let me knw exporting of Honey and Fruits Falls in which category of oroducts?????????

pls rly its urgent

thanks

regards

tanveer ahuja

CS Pawan Kumar Baid

CS Pawan Kumar Baid (Expert)
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17 November 2011 Dear Tanveer

Procedure will vary according to clause which you wish to change.

To change object clause, you have to call a General Meeting and pass a special resolution. You have to justify yourself why you are changing object in the resolution.

File resolution along with altered copy of MoA with RoC. Further if name of your company is specific, then you have to check name also, e.g. Your name is X oil ltd, and now new object is to work in Steel, It may not be allowed.

You have not specified that why you need to categorize "export of honey", is it for excise, or under companies act. If it is companies act and for moa purpose, there is no need to categorize it, just write "to export honey, fruit ..." in your object clause.

Regards
CS Pawan

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Querist : Anonymous

Querist : Anonymous (Querist)

17 November 2011 thanks a lot pawan...
agricultural products related to fruits are included in my other objects.... can i carry on this business of fruits as it is there in other objects of MoA.... my co.'s main object is to deal with dyes and chemicals related to it....

my query is that can i carry on business which are included in my other objects??????

pls rly

thanks

regards

tanveer ahuja...

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CS Pawan Kumar Baid

CS Pawan Kumar Baid (Expert)
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17 November 2011 No

You have to alter your object clause to shift this business from other object to main object.

You cannot assume that any item written in other object is allowed, you have to write it only in main/ancillary object.

Regards

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Querist : Anonymous

Querist : Anonymous (Querist)

17 November 2011 dear pawan thanks....

ok i got ur point nw pls let me knw the whole procedure in brief hw can i take that clause which is in other object to main/ ancillary oject
i mean which kind of resolutio or form or any other formalities etc....?????

pls rly its urgent

thanks

regards

tanveer ahuja

CS Pawan Kumar Baid

CS Pawan Kumar Baid (Expert)
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18 November 2011 Please refer Sec 149(2A)

You have to: -
1) Pass special resolution at General Meeting. If ordinary resolution is passed then take approval of CG should be taken.
2) File a declaration signed by Director/CS/PCS that all requirement has been satisfied.
3) on compliance of point 2 above, RoC will give certification to start the new business.

Plz note that this provision is not applicable to private company.

Regards