Alteration of MOA and AOA in India
Corporate Compliance
Alteration of MOA and AOA — Amend Your Company Charter the Right Way
Alteration of MOA and AOA is the legal process of changing your company’s charter documents under the Companies Act, 2013. In short, it lets you update your name, capital, objects, or internal rules. However, every change needs a proper resolution and an MCA filing. Therefore, Prospect Legal drafts the resolutions, files the forms, and secures ROC approval for you. As a result, your amendment stays valid and fully compliant.
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Corporate Charter Amendments
What is alteration of MOA and AOA, and who needs it?
The Memorandum of Association (MOA) and the Articles of Association (AOA) are your company’s founding documents. Simply put, the MOA sets what your company can do. The AOA, on the other hand, sets how it runs internally. Therefore, any major change to your company must reflect in these papers first. That change is called alteration of MOA and AOA.
Companies alter these documents for many reasons. First, you may want to change your company name. Next, you might raise your authorised share capital. Also, you could add a new business activity or shift your registered office. Because each of these needs a formal resolution and an MCA filing, expert help matters. So, Prospect Legal manages the entire process from draft to ROC approval.
Documents required for alteration of MOA and AOA
You need only a few papers to start. Also, our team checks each one before filing. As a result, your application rarely faces rejection. Here is the full list:
- Certified copy of the board resolution approving the change
- Special resolution passed at the Extraordinary General Meeting (EGM)
- Notice of the EGM with the explanatory statement
- The existing MOA and AOA of the company
- The altered MOA and AOA showing the new clauses
- Digital Signature Certificate of an authorised director
How alteration of MOA and AOA works — step by step
The process is simple when an expert guides you. Moreover, Prospect Legal handles every stage on your behalf. Here is how it works:
Step 1 — Hold a board meeting
First, the board meets and approves the proposed change. Then, it calls an Extraordinary General Meeting of the shareholders. We draft the board resolution and the notice for you.
Step 2 — Pass a special resolution
Next, the shareholders pass a special resolution at the EGM. Because most MOA and AOA changes need a 75% majority, the wording must be exact. Therefore, we prepare the resolution and the minutes.
Step 3 — File the forms with the ROC
Then, we file Form MGT-14 within 30 days of the resolution. In addition, we file the specific form your change needs, such as SH-7 for capital or INC-24 for a name change.
Step 4 — Receive ROC approval
Finally, the Registrar reviews the filing and approves the change. After that, your altered MOA and AOA become legally effective. So, your records stay clean and current.
Why choose Prospect Legal for MOA and AOA alteration?
Many firms offer filing support. However, few match our care and speed. Here is what sets us apart:
- Correct resolutions. Because experts draft every resolution, your filing stays valid.
- On-time filing. Also, we file MGT-14 well within the 30-day limit, so you avoid penalties.
- Right forms. Next, we pick the exact form your change needs, from SH-7 to INC-24.
- Fixed pricing. Moreover, our fees stay clear, so you face no surprises.
- Real support. Above all, you can reach a human on call or WhatsApp anytime.
Alteration of MOA and AOA — what’s included
| Service | What we do | Benefit to you |
|---|---|---|
| Advisory | Review your proposed change and pick the right route | A clear, correct plan |
| Resolution Drafting | Prepare the board and special resolutions | Valid, well-worded papers |
| EGM Support | Draft the notice, minutes, and explanatory statement | A clean meeting record |
| MGT-14 Filing | File the resolution with the ROC on time | No late-filing penalty |
| Change-Specific Forms | File SH-7, INC-24, or INC-22 as needed | The right form, every time |
| Updated Documents | Deliver your altered MOA and AOA | Records ready to use |
Related corporate compliance services
Your company will need more support as it grows. Therefore, explore these services next:
- Corporate Compliance & Secretarial — keep every statutory record in order.
- Company Name Change — rebrand your company the legal way.
- Charge Registration (CHG Filings) — record and satisfy company charges on time.
Frequently asked questions about MOA and AOA alteration
What is the difference between the MOA and the AOA?
The MOA is your company’s main charter. In short, it defines what the company can do and its relationship with the outside world. The AOA, however, sets the internal rules of management. So, one governs powers and the other governs procedure. Because both bind the company, a change to either needs a proper resolution and an MCA filing.
Which resolution is needed to alter the MOA or AOA?
Most changes need a special resolution. Simply put, that means at least 75% of the voting shareholders must agree. First, the board approves the change. Then, the shareholders pass the special resolution at an EGM. After that, we file Form MGT-14 with the Registrar. Therefore, the wording of the resolution must be precise.
How long does the alteration take?
The drafting usually takes one to two working days. After the EGM, we file the forms within the legal window. Then, ROC approval often follows in one to two weeks. However, timelines vary with the type of change and the MCA workload. In most cases, though, the process stays smooth when the papers are correct.
Do I need to file MGT-14 for every change?
You must file Form MGT-14 for most special resolutions within 30 days. Also, some changes need an extra form. For example, a capital increase needs SH-7. Likewise, a name change needs INC-24. So, the exact forms depend on your change. We identify and file all of them for you.
What happens if I miss the filing deadline?
A late filing attracts additional government fees and penalties. Moreover, the change may stay unrecorded until you file. As a result, your company records look out of date. Therefore, timely filing matters. Because we track every deadline, you avoid these costs. Call 7000-12-7225 if a deadline is near.
Need to amend your MOA or AOA? Talk to an expert today.
Do not let a wrong resolution delay your change. Instead, let our experts draft and file it. As a result, your amendment stays valid and on time.
