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MOA AMENDMENT

Make Alterations in Memorandum of Association

Now obtain your MOA Amendment online with the assistance of LAW SUVIDHA and get quality services at affordable prices.

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Overview of Memorandum of Association Amendment

The Goods and Services Tax is the most significant indirect tax reform, combining all previous taxes into a single tax system. Goods and services are now taxed under a single legislation, the Goods and Services Tax Laws, under the GST Regime. The taxes are all levied at the same rate. The collection is subsequently divided between the Central and State governments as CGST, SGST, or IGST.

 

Key Highlights:

  • Businesses such as exporters and importers, e-tailers, casual dealers, and marketplace aggregators need to register for GST. 
  • Heavy fines and penalties can be imposed if your business is not GST registered.
  • By registering for GST, you can charge your customers GST.

 

So, to prevent breaking the law, register your firm for GST. Law Suvidha can help you acquire your GST Registration. We excel in reducing the burden of a lengthy registration process. Our expert team will walk you through obtaining GSTIN. You can apply anytime for your GST number at your own comfort. Whether you are based in Delhi NCR, Mumbai, Bengaluru, Chennai, or anywhere in India, team Law Suvidha is available 24*7. 

Amendment/Alteration in the Memorandum of Association

Object Clause Change

Whether or not the company operates, lawful objects can only be expressed and contained in the objects section of the memorandum of association. Any action that violates the objects clause and is not listed in the Memorandum of Association is deemed beyond a company’s authority.

Name Clause

 With a limited company, the name must conclude with ‘Limited’ and, in the case of a private limited company, it must end with ‘Private Limited’. According to the Companies Act of 2013, a business cannot be registered with an undesirable name.

Liability Clause

The company’s Memorandum of Association must declare whether it is restricted by shares or by guarantee. In addition, the MOA must state that the member’s liability is limited.

Situation Clause

 The state in which the company’s registered office will be situated must be included in the MOA. The company’s domicile must be declared in order for the Court, GST authorities, tax authorities, and ROC to determine jurisdiction.

5.Capital Clause

The Memorandum of Association of a company with a share capital must state the amount of share capital with which the firm is registered, as well as the partition thereof into fixed-value shares. Changes or amendments to the MOA are made by adopting a special resolution or with the permission of the shareholders.

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Documents Required for MOA Amendment

  • MoA and Article of Association (AoA)
  • List of All Board Directors and Shareholders
  • List of Proposed Clauses to be Amended
  • Certificate of Incorporation
  • Digital Signature Certificates (DSC) of the Authorised Director
  • Letterheads and rubber stamp of the Authorised- Director

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MOA Amendment

Frequently Asked Questions (FAQ)

Yes, if a special resolution is enacted for such an adjustment, Form MGT 14 must be filed with ROC.

No, the subscription provision in the MOA is not susceptible to change. The subscriber sheet used at the company’s incorporation is permanent, and no additional changes may be made to it.

The ‘Memorandum of Association,’ shortened as MOA, is the company’s founding document, and it contains all the company’s essential information. The ‘Articles of Association,’ often known as AOA, is a document that contains all the company’s rules and regulations.