Change In Object Clause

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Registrar of Companies (ROC)

Company's MOA's Object Clause Amendment ProcessTODAYFILINGS
ROC Filing
After adopting the Special Resolution, the Company must file Form MGT-14 with the authorized Registrar along with the resolution adopted for the MOA's alternating object clause process. The list of attachments that must be included with the form is shown below. The prescribed charge for proposing a resolution of this nature is listed below.
Certificate for a trademark
Special Resolution CTC
Notice of EGM
Passing the CTC of Board resolution
Modified MOA
Acceptance by ROC
After adopting the Special Resolution, the Company must file Form MGT-14 with the authorized Registrar along with the resolution adopted for the MOA's alternating object clause process. The list of attachments that must be included with the form is shown below. The prescribed charge for proposing a resolution of this nature is listed below.

Company's MOA's Object Clause Amendment Process

If the company wishes to engage in business operations that are not specifically included in its object clause, it must first be altered to include the additional objects clause in accordance with secretarial procedure:

Conduct the Board Meeting
Send a 7-day notice by mail to hold the board meeting and discuss the following agenda:
Obtain the directors' consent before changing the object provision in the MOA.
Set the location, date, and hour of the Extraordinary General Meeting to be held to seek shareholder approval to change the object clause.
In accordance with Section 102 of the 2013 Companies Act, approve the EGM notice containing the agenda for the meeting to be considered and an explanation report.
Conduct EGM
Obtain the consent of the company's shareholders through a special EGM resolution. Such a special resolution needs to be approved by at least 3/4 of the members. A copy of the special resolution and the material that preceded it must be given by the firm to the stock exchange where its shares are traded.
Corporation with almost 200 members.
Business that has such unspent capital that was raised through the issuance of a prospectus.

Reason for Modifying the Company's Object Clause

Some of the explanations for why the Company modifies the MOA's object clause which may or may not be the same are listed below:

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By broadening the scope of its company operations or activities, the Company may be willing to carry out its business activities on a greater scale.
To use new or improved approaches to accomplish the company's current aims.
To work on some extra business projects that can be easily integrated with the company's current business operations.
To dispose of or sell the portion of the business operations that can change the organization's structure.
If the Company merges or coalesces with other companies, the Company shall be required to enlarge the Object Clause as it currently exists.
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MOA of the companies

Companies limited by shares
Unlimited Companies
Unlimited Companies and having a share capital
Companies limited by guarantee and have no share capital
Items mentioned in the company's MOA
Name Clause
Object Clause
Liability Clause
Capital Clause
Registered Address Clause
MOA of the companiesTODAYFILINGS

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Frequently Asked Questions

Any company that is registered must have a MOA of Company as its foundation. It is thought that the MOA serves as the company's charter and establishes the range of rights and obligations under which the company may function.

In the new online form SPICe 33 for MOA, only two of the original object clause's five provisions remain because of the Companies Act of 2013, such as

Main objects

Ancillary objects.

A business that has such unspent capital that was raised through the issuance of a prospectus. Such Companies shall adopt a resolution prior to changing the object clause. Both English and regional newspapers must display or publish this resolution.

An online SPICe form for the company's MOA is New E-form 33. For the certification of change, the company need not submit this online form once again along with form MGT-14. It will be sufficient to own a physical copy of MOA in addition to MGT 14.

Object clause is the clause in the MOA of the Company which defines the main business activity of the company. It defines the main objects that the company is going to pursue after incorporation. The object clause also enlists the objects that are necessary/incidental for furtherance of the main objects i.e the objects which help in conduct of the Main Objects of the Company or are necessary for the conduct of the main objects.

Filling of Form MGT-14 within 30 days of passing special resolution is the appropriate manner to communicate the request for change in object clause of a company.

The main difference is that the main object defines main business activities of the company while ancillary objects contains incidental business activity which is related to main business activity. These are always being mentioned in memorandum of company.

If a Company having main object as manufacturing and trading of motor parts wants to start altogether a new business activity of electronic goods, it can do so by changing its main objects clause as per the provisions of the Companies Act, 2013. The compliance required on part of the Company would be to call a Board meeting, Extraordinary General Meeting and then filing Form MGT-14 and altered copies of MOA.

The reasons for which a company alters its object clause are as follows. The given list may or may not be the same for all companies:

The company aspires to carry on its business on a big scale by enhancing the scope of its activities.

For the purpose of obtaining the goals that have been already set by new or improved methods.

To carry on the additional business that can easily be combined with the existing business of the company.

If the company is getting merged with another company, it would need to expand its existing objective.

The following clauses are included in Memorandum of Association:

Name Clause

Registered Address Clause

Liability Clause

Object Clause

Capital Clause

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