Alter MOA & AOA

4944 views 8 replies

 

this is a private limited company.

 

we have increased the paid up capital and authorised capital and filed the required documents with ROC.

but we have MOA and AOA with old authorised capital and paid up capital.

can anyone tell me whether we can change the MOA & AOA ourselves or is there any procedure for changing the MOA & AOA

Replies (8)

no u can alter on your own if it is allowed in the articles

yeah u can alter the capital clause at your own..........

Dear,

Below mentioned are the documents for filing documents to ROC at the time of altering Capital

  1. resolution passed as special resolution, filing the same with explanatory statement with ROC in Form 23 in 30 days
  2. Notice to ROC of increased in capital in form 5 (duly stamped ) in 30 days
  3. DD in favour of ROC, and
  4.  Certified true copy of MOA and AOA after altering the necessary clauses

So if certified true copy of MOA and AOA after altering the necessary clauses ahs been filed with ROC then after that you can print new copies MOA and AOA (after alteration).

If you have filed all the documents with ROC you must have already been filed  Certified true copy of MOA and AOA after altering the necessary clauses then Why it is pending yet according to you.

 

Agreed with Robin....

 

U've to submit documents after alteration, how is it possible that u r still pending with same???

Robin is correct..


I want to do an small correction in his reply that... now a day, if the form23 (if necessary) & form5 has been filed with necessary attachments correctly & the stamp duty has been paid online through MCA21, then no need to submit hardcopy of altered MOA/AOA..


Adarsh

Originally posted by : John Ripath Prabhu
 
this is a private limited company.
 
we have increased the paid up capital and authorised capital and filed the required documents with ROC.

but we have MOA and AOA with old authorised capital and paid up capital.

can anyone tell me whether we can change the MOA & AOA ourselves or is there any procedure for changing the MOA & AOA


 

Since, you have already filed all required documents with ROC, just check up on the MCA's website whether filed documents have been approved by ROC or not? Once approved, just paste stickers of the revised clauses (as mentioned in the resolution passed in EGM) on the remaining copies of MOA & AOA, after pasting get the same signed by Director under rubber stamp.  

we have increased the paid up capital and authorised capital and filed the required documents with ROC.

but we have MOA and AOA with old authorised capital and paid up capital.

can anyone tell me whether we can change the MOA & AOA ourselves or is there any procedure for changing the MOA & AOA


 

Hi,

If we need to provide bank guarantee in favor of a group company ,do we need a provision in the Object clause of MOA to provide the same to the bank..Please reply...

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