BORROWING POWER CLAUSE IN MOA & AOA OF PVT LTD COMPANY

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ELLAPPAN ASSOCIATES

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Aug 1, 2022, 4:22:00 AM8/1/22
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Dear Professional Colleague,

 

Kindly detail the procedure for inclusion of borrowing clause in MOA and AOA of the pvt ltd company and Format of borrowing clause to be inserted in MOA and AOA of the pvt ltd company.

 

The reason for this query is the financier/bank is not willing to give finance as the company's MOA and AOA do not have borrowing power clause.

 

Thanks & Regards

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Mohan Ramaswami

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Aug 1, 2022, 7:39:01 AM8/1/22
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I hope the below will be meet your requirement. pl edit suitably

clause in MOA 

pl see the attached file ------

clause in AOA

The Directors may exercise all the powers of the Company to borrow (up to a limit of Rs. -----------) / (or ) money without limit as to amount and upon such terms and in such manner as they think fit, and to grant any mortgage, charge and standard security over its undertaking and property, or any part thereof, and to issue debentures, whether outright or as security for any debt, liability or obligation of the Company or of any third party.  

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ELLAPPAN ASSOCIATES

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Aug 1, 2022, 11:58:07 PM8/1/22
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Thank you and procedure for change of MOA and AOA? Filing of which form and resolutions format?

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Ankita Karnani

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Aug 2, 2022, 12:58:09 AM8/2/22
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MGT-14 & pass special resolution for alteration in MOA & AOA. Both Resolurtion will be seperate

ELLAPPAN ASSOCIATES

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Aug 2, 2022, 2:05:28 AM8/2/22
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