Change in Object Clause

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ALTERATION OF MOA DUE TO CHANGE IN OBJECT CLAUSE UNDER SECTION 13:

Object Clause of Memorandum of Association of a Company can be altered by passing a Special Resolution and complying with other prescribed conditions.

Following Companies are required to pass Special Resolution for alteration of Object Clause of MOA by means of Postal Ballot:

• Companies having more than 200 members.

• Companies which have raised money from public through prospectus and still hold any unutilized amount out of the money raised. [Section 13(8) read with Rule 32 of the Companies (Incorporation) Rules,2014].

Procedure for alteration of Object Clause of MOA:

1. Issue notice and agenda of Board meeting in 7 days or a shorter notice. In case of urgent business, call a Board Meeting to consider the proposal of alteration of Object Clause of memorandum of association at shorter notice.

2. Hold a meeting of Board of Directors:

• To pass Board Resolution for approving the proposed amendments.

• Fixing the date, time, and venue of the general meeting and authorizing a director or any other person to send the notice to the members.

• To approve the draft notice of general meeting along with explanatory statement annexed to the notice as per requirement of the Section 102.

• To authorize the Director or Company Secretary to sign and issue notice of the general meeting

3. Send notice of the General meeting to all the shareholders, directors, auditor and other person entitled to receive it, by giving 21 days’ clear notice or shorter notice, if consent for shorter notice is given then at least 95% of members has to vote at such meeting, either in writing or through electronic mode.

3. Send notice of the General meeting to all the shareholders, directors, auditor and other person entitled to receive it, by giving 21 days’ clear notice or shorter notice, if consent for shorter notice is given then at least 95% of members has to vote at such meeting, either in writing or through electronic mode.

4. Hold a shareholder meeting and pass the Special Resolution for altering the object clause of Memorandum of Association by 3/4th of the majority.

5. within 30 days of passing the Special Resolution in general meeting, file a certified copy of special resolution with the Registrar in form MGT- 14.

Attachments:

(a) Copy of Special Resolution passed along with explanatory statement;

(b) Notice for convening the General Meeting of the Company;

(c) Shorter Notice Consent if any,

(d) Altered Memorandum of Association.

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