Alteration of Moa Clauses
Alteration of Moa Clauses
Alteration of Moa Clauses
CLAUSES
Change of Name of the company under
Companies Act, 2013
Change in name of the Company involves alteration of Clause I of the Memorandum of
Association of the Company. Section 13 of the Companies Act, 2013 regulates the process
of alteration of Memorandum of Association of companies. Section 13 of the Companies
Act, 2013 says that name of a company may be changed by passing a Special Resolution
in the general meeting and with the approval of the Central Government.
The company after incorporation can change their name through following ways:
(a) Conversion of name from private to public, or
(b) Conversion of name from public to private, or
(c) Change of name from ABC limited to XYZ limited.
As per Section 13 of the Companies Act, 2013 the name of the company can be changed
by a Special Resolution and with the approval of the Central Government. But on the
other hand if the change relates to the addition/deletion of the words “private” to the
name, then approval of Central Government is not required.
Steps For Alteration In Name Clause Of Memorandum Of Association:
STEP-I
Call Meeting of Board of Directors:
STEP-II
Hold a Board Meeting:
Authorize the Directors of the company to make Application with ROC for Name
approval.
STEP-III
File – e-form- INC-1 with ROC:
For approval of name file form INC-1.
STEP-IV
Pass special resolution and send documents, proposal of name change to
ROC.
Filling of e-Form with ROC:
File E-form MGT-14 within 30 days from the date of passing Special
Resolution
STEP-IV
Name Approval certificate from the ROC will be issued if names that has been
applied for are available. If the name is not available then again the whole
procedure is adopted.
LAST STEP
After completion of the above procedure, ROC will issue a new certificate of
Incorporation. Name will be effective from the date of issue of new certificate.
ALTERATION OF LIABILITY CLAUSE