HITESH GORI (CA in practice) (148 Points)
04 June 2010If Co. amend the MOA & AOA after 65 years of it's Incorporation and one promoter is died, what is the procedure of amendment.
Pls. send the detail regarding subscripttion clause it is allowed to file AOA & MOA without physical signature only with SD/-
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 04 June 2010
Hi,
Amendment of MOA and AOA has nothing to do with promoter.
Alteration of Article
To Alter articles passing of special resolution by shareholders in a general meeting is required.
1. Hold a board meeting and fix the date for holding a general meeting
2. On due date hold a general meeting and pass special resolution for alteration of article.
3. File form-23 within 30 days of passing special resolution in general meeting.
Alteration of Memorandum
Procedure for alteration of memorandum depends on the transaction. To Alter memorandum passing of special resolution by shareholders in a general meeting is required.
1. Hold a board meeting and fix the date for holding a general meeting.
2. On due date hold a general meeting and pass special resolution for alteration of memorandum.
3. File form-23 within 30 days of passing special resolution in general meeting.
Revert if there is any doubt.
Thanks
Kalpesh Chauhan,
(Tax Assistant (Accounting Technician CA FINAL CS PROF. PROG. B.Com))
(8311 Points)
Replied 05 June 2010
Agree with Ankur Sir.
Pratyay Sengupta
(Accounts Manager)
(29 Points)
Replied 20 August 2011
If Company increases it authorised capital and wants to ammend its MOA what will be the formalities?
CAclubindia
