Hi,
I am working in an NBFC.
The company is looking for a change in the Mian Objects Clause.
What would be the procedure and documentation taking into account Companies Act, 1956 and the RBI Act.
Reema Jain (Practising Company Secretary) (82 Points)
07 December 2011Hi,
I am working in an NBFC.
The company is looking for a change in the Mian Objects Clause.
What would be the procedure and documentation taking into account Companies Act, 1956 and the RBI Act.
Sanket
(!..Live to Give..!)
(16427 Points)
Replied 07 December 2011
For change in objects, the following are the steps if the new objects do not upset your name
1. Hold Board meeting for approval of changed object and for notice for holding AGM and authorise one director or secretary to deal with RoC in this regard
2. Hold the general meeting and pass the special resolution
3. File form 23 with ROC with amended MoA
4. Get the form registered and get a certificate for registration
In case change in activity also results in name change, then first you apply for avaiability in form 1A and after taking the name availability, you can pass the name change resolution as well as object clause amendment resolution and then on file form 23
Good Day...
RG - A Helping Hand
(Company Secretary)
(13867 Points)
Replied 07 December 2011
For change in objects, the following are the steps, if the new objects are in sync with your company name:
1. Hold Board meeting for approval of changed object and for notice for holding GM and authorise one director or secretary to deal with RoC in this regard.
2. Hold the general meeting and pass the special resolution.
3. File form 23 with ROC with amended MoA for registration of SR u/s 192.
4. Get the form registered and get a certificate for registration.
if the new objects are not in sync with your company name:
In case the new objects are not in sync with your company name then first you have to apply for availability of name in form 1A and after taking the name availability, you can pass the name change resolution as well as object clause amendment resolution and then on file form 23.
For the inputs regarding your NBFC status wait for others comment.
RG
Reema Jain
(Practising Company Secretary)
(82 Points)
Replied 07 December 2011
What about RBI compliances, if any ???
Reema Jain
(Practising Company Secretary)
(82 Points)
Replied 07 December 2011
That is the main thing now... coz Companies Act explains it easily ...
RBI Act is getting on nerves
Sanket
(!..Live to Give..!)
(16427 Points)
Replied 07 December 2011
There is no other compliance under the RBI Act, however, the change in objects must be intimated to the NBFC divn of RBI.
CA Maulik Rachh
(-)
(114 Points)
Replied 13 December 2011
Only provisions of CA,1956 applies here..No hinderence from Banking regulation Act..
Madan Kumar Misra
(Own Practice)
(69 Points)
Replied 26 July 2012
Thanks for sharing information....!!!
Madan Mishra
abhinav
(employee)
(38 Points)
Replied 02 January 2014
ARE ALL THIS STEPS REQUIRED FOR A PRIVATE LIMITED COMPANY??
Mayank Raja
(Practice )
(30 Points)
Replied 21 May 2018
The below link is also Useful
https://www.caclubindia.com/articles/procedure-for-change-in-object-clause-of-the-company-21251.asp