This Power point Presentation contains the complete information About Object Clause, Legal Provisions and Stap by step practical procedure to be followed for Object Clause Change.
2. Background
Every Company in this world is established with the objective to do
some work and to achieve success in that business. As per the
Companies Act, 2013, Object Clause is the Clause which is mentioned
in the Memorandum of Association (MOA) which determine the
purpose and scope of work for which it operate.
However, in this fast moving world, it become essential for the
Corporate to indulge in new business activities for its survival and
getting profits and therefore required to amend its MOA.
For this corporate are required to follow the procedure as laid down in
the Companies Act, 2013.
3. 2 Practical Aspects
Legal Aspects1
Important Aspects
The Complete procedure for change of object of the Company has been
categorized in Two Classes:
4. Section 13 of the Companies Act, 2013, deals with the provision for change of object clause of the
Company.
Further change of Object Clause of the Company require the changes of MOA and alteration under MOA
can be made with the approval of the shareholders of the company by passing special resolution in a duly
convened General Meeting i.e. Annual General Meeting or Extra Ordinary General Meeting.
Any time of alteration in the object clause is required to be intimate to the Registrar of Companies.
Intimation is required to be given in the Form MGT-14 within a period of 30 days from the date of passing of
special resolution in the General meeting along with the necessary attachments i.e. amended copy of MOA
and Certified True Copy o Notice of EGM
Legal Procedure
5. One
Columns
Designed
Practical Aspects
1. Convene and Hold the Board Meeting: The Board Meeting is to be
convened as per SS-1, Notice and agenda to be circulated at least 7 days
before the meeting. Board Meeting will be held to discuss and decide the
following matter:
a) Pass resolution for change of object clause of the Company subject to
shareholders approval at General Meeting;
b) Fix the day, date, time and venue of the General Meeting and
authorized any director or any other person to send the notice of
General Meeting.
c) Issue Notice of General Meeting at least 21 clear days before the date
of General Meeting to:
All the Directors;
Members;
Auditors of the Company.
6. Two
Columns
Designed
Practical Aspects
2. Convene and Hold the General Meeting: Convene General Meeting as
per SS-2. Take necessary approval from Member by passing Special
Resolution for alteration of object Clause under the Memorandum of
Association.
3. Intimation and approval of Registrar of Companies: Every Company
changing its object clause needs to intimate to the ROC. Intimation is
required to be given in the Form MGT-14 within a period of 30 days from
the date of passing of special resolution in the General meeting along with
the necessary attachments :
a) Certified True Copy of the Special Resolution passed at General
Meeting;
b) Certified True Copy of Notice of General Meeting along with
Explanatory Statement;
c) Certified True Copy of revised MOA with altered object clause.
7. Two
Columns
Designed
Practical Aspects
4. Follow up with ROC: The Company is required to follow up with ROC
from time to time the status of MGT-14, once the ROC is satisfied about
the compliances of all the laws. It will issue the certificate which will be the
conclusive evidence about the compliances of all the laws. Further it will
be effective from the date of issue of certificate by ROC.