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Alteration in MOA

18 September 2009

As per Companies Act

MOA should contain the situation clause mentioning the state in which registered office of the is situated.

If there is change in registered office within the same city then we have to file the ALTERED MOA along with the Confirmation of Regional Director within 2 Months if there is change in jurisdiction of ROC

Can anyone please explain me what will be the alteration that will take place in MOA as only the name of state is mentioned and it is not changed???????

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5 Replies

CA. ANKUR JAIN (CA.....) (2800 Points)
Replied 18 September 2009

Hi, In such case MoA will not be altered but you have to file the FORM 18 for change of registered address alongwith the resolution passed for it with explanatory statements to the resolution. thats all.. No change will be in your MoA.

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 18 September 2009

Hi,

If there is change in registered office address with in the same city there is no need to alter MOA and file altered MOA with ROC.

Procedure would be pass a board resolution in BM and file form 18 with in 30 days of BM.

Find attach herewith a resolution for the same.

Regards

Attached File : 53 change in regd office within city.doc downloaded: 247 times

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 18 September 2009

Find attach herewith another useful file containing Sample Procedure and resolution for Shifting of the registered office from one to another State.

Hope this would be off some help.

Regards

Attached File : 6 sample procedure and resolution for shifting of the registered office from one to another state.doc downloaded: 252 times

CA Shruti kuchhal (CA ) (427 Points)
Replied 18 September 2009

Thanx to both of u

but can u tell me then why the Companies Act have used the phrase ALTERED MOA becuase as such there is no alteration in the MOA?????????

(Guest)

Reason:

When the Law was framed the Companies inserts the full address instead the only name of the State. So, That If the full address is inserted, We need to alter the MOA.

Please bear one thing in mind that The Companies Act, 1956 is made in the year 1956. So, It has provisiom consistent at that time.

After that The procedure has been changed drastically, So, that In the E-form filling, MOA is not the Mandatory Attachment.