Simplify your business registration with SureTax Bizcare –
your trusted partner for seamless Registration, Compliance, and Management.
Under the Companies Act, 2013, the Memorandum of Association (MOA) and Articles of Association (AOA) of a company can be altered through a special resolution passed by the shareholders in a general meeting. The process typically involves giving proper notice to shareholders, holding a meeting, and obtaining the approval of at least three-fourths of the shareholders in attendance. The altered MOA/AOA must then be filed with the Registrar of Companies (ROC).
Points | Alteration of MOA | Alteration of AOA |
MEANING | The Memorandum of Association (MOA) is a foundational, publicly available document that defines a company’s scope, objectives, and its relationship with external parties. It outlines the company’s purpose, the powers vested in its directors, and the rights and duties of its shareholders, effectively serving as a contract between the company and its shareholders. | The Articles of Association (AOA) is a document that outlines a company’s internal regulations and bylaws. It governs the company’s management and administration, establishing procedures for decision-making and business conduct. The AOA supplements the Memorandum of Association (MOA), and together, these documents constitute the company’s constitution. |
KEY CLAUSES ARE ALTERED OF MOA & AOA | 1. Name Clause 2. Registered Office Clause 3. Object Clause 4. Liability Clause 5. Capital Clause | Company can alter its Article by way of addition, deletion, modification, substitution, or in any other way, only if it wants. Including alterations having the effect of conversion of – 1. Private company into a public company. 2. Public company into a private company |
STEPS FOR ALTERATION IN ARTICLE OF ASSOCIATION: | STEP – I: Convey Board Meeting of Directors STEP –II: Held Board Meeting STEP- III: Issue Notice of General Meeting STEP- IV: Hold General Meeting STEP- V: Filing of form with ROC | STEP – I: Convey Board Meeting of Directors STEP –II: Held Board Meeting STEP- III: Issue Notice of General Meeting STEP- IV: Hold General Meeting STEP- V: Filing of form with ROC |
DUE DATE FOR FILING OF ALTERATION COPIES OF MOA AND AOA | Within 30 days of passing the resolution for such alterations. | Within 30 days of passing the resolution for such alterations. |
Sl. No | MOA Form | Table |
1 | Company Limited by Shares | TABLE A |
2 | Company Limited by Guarantee and not having share capital | TABLE B |
3 | Company Limited by Guarantee and having share capital | TABLE C |
4 | Unlimited Company and not having share capital | TABLE D |
5 | Unlimited Company and having share capital | TABLE E |
Sl. No | AOA Form | Table |
1 | company limited by shares. | TABLE F |
2 | company limited by guarantee and having share capital. | TABLE G |
3 | company limited by guarantee and not having share capital | TABLE H |
4 | unlimited company and having share capital | TABLE I |
5 | unlimited company and not having share capital | TABLE J |
Suretax provides expert business and financial consulting services, ensuring strategic growth and success for our clients.
© SureTax Finpro.
Copyright © 2025 All rights reserved.