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Change in moa object - form 23?

Entrepreneur (Working) (47 Points)

04 September 2011

Hi,

If we wish to add additional items in Objects of business, then do we need to file FORM 23?

Actually am running a engineering business and my customers are in need of IT - data management services also. So am planning to provide service on that area as well.

Could you please advice me, what to do on this reagrd?

Thanks in advance...

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10 Replies

Sathya (Trainee) (32 Points)
Replied 05 September 2011

Originally posted by : Entrepreneur
	Hi, If we wish to add additional items in Objects of business, then do we need to file FORM 23? Actually am running a engineering business and my customers are in need of IT - data management services also. So am planning to provide service on that area as well. Could you please advice me, what to do on this reagrd? Thanks in advance...

Yes

as per section 17 "A company by special Resolution, alter the provosions of its memorandum with respect to the object clause of the company with a valid reason.

Hold a Board meeting after giving notice to all the directors of the company as required by section 286 to fix time, date, place and agenda for a General Meeting to pass a Special Resolution.

(If your company is a listed company, then ensure that the special resoluiton as aforesaid is passed only through Postal Ballot - sec 192A)

Hold a General Meeting after giving 21 day notice and pass a Special Resolution.

File form 23 with ROC with the Explanotory Statement with in 30 days from the date of meeting.

Make Neccessary changes in MOA

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Parayil (Secretary) (96 Points)
Replied 19 September 2011

Dear Sir / Madam,

Can anybody send me a Draft Resolution Format for removal of the Dormant nomenclature of ABC Company Private Limited. The Company has not filed any Annual Return for five consecutive financail years till date. A letter of underaking from the directors requesting ROC for removal of the Dormant nomenclature has been obtained. I want to file Form No. 61 so that i hope it is compulsory to file Form No. 23 first with roc for that it requires resolution.

I request you to kindly forward a Draft Resolution.

Thanks & Regards

Ajith

Aswathy (CS) (175 Points)
Replied 20 September 2011

You just have to file Form 61 along with a request letter as an attachment:

Aswathy (CS) (175 Points)
Replied 20 September 2011

To be printed in company's letter head

Date

The Registrar of Companies, .....

......

.....

....

Dear Sir,

Sub: Changing the status of the company from Dormant to Active.

The present status of the company is Dormant. The company would like to file Balance Sheet and Annual Return of last few years. We would therefore request your goodself to kindly change the status of the company to Active.

Thanking you,

Yours faithfully,

For ABC Co Pvt Ltd

MANAGING DIRECTOR

Entrepreneur (Working) (47 Points)
Replied 20 September 2011

Hi,

Can i get a draft resolution for Changing the object clause in MOA?

In which section of MOA do i need to modify/append the new objects?

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Aswathy (CS) (175 Points)
Replied 20 September 2011

I would like to get some clarifications:

Do you want to change your Main Object?

Or you want to add it as Other objects?

Do your Other object or Ancilliary object cover IT?

Entrepreneur (Working) (47 Points)
Replied 20 September 2011

Hi,

We are into manufacturing, additionally we wanted to provide service on IT. Since we are IT graduates and having so many offers in IT also.

Hope this answers all ur questions...

Thanks in advance!

Aswathy (CS) (175 Points)
Replied 20 September 2011

I am asking whether IT is ther anywhere in your "Other objects" or "Ancilliary Objects" in your MOA

Entrepreneur (Working) (47 Points)
Replied 20 September 2011

Current MOA NO, there is no IT mentioned...

Aswathy (CS) (175 Points)
Replied 20 September 2011

Then go for MoA amendment:

File Form 23 with altered MoA and the BR uthorising the same.

RESOLVED THAT pursuant to Section 17 and other applicable provisions of the Companies Act, 1956, the folloing may be inserted in "Other objects" in the Memorandum of Association of the Company as ((number))