coporate guarantee clause in MOA

[Shubhra garg]

Dear friends,

I want to add corporate guarantee clause in MOA of the company. What should be the procedure? Pls help.

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CS Shubhra Garg

[Shubhra garg]

pls guide

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CS Shubhra Garg

[ACS suresh chaudhary]

 corporate guarantee clause in MOA or AOA  ? Why? we have given the same but I dont think it is needed.

[Shubhra garg]

A company wants to give the corporate guarantee to the other body corporate. Nothing as such is mentioned in AOA. Thats why.

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CS Shubhra Garg

[ACS suresh chaudhary]

and where is it mentioned that for giving a corporate guarantee a company have to look into its AOA? This power is given to BOD and if it exceed the prescribed limit special resolution in gm required.

On Tuesday, May 24, 2016 at 1:21:17 PM UTC+5:30, Shubhra garg wrote:

[Shubhra garg]

But now we want that clause to be incorporated in MOA for future.

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CS Shubhra Garg

[ACS suresh chaudhary]

Pursuant to section 4(6) of the new Companies Act, the Memorandum shall be in an appropriate Form as prescribed in Tables A to E of Schedule 1

Pursuant to section 5(2) of the new Companies Act, The articles shall also contain such matters, as may be prescribed: Provided that nothing prescribed in this sub-section shall be deemed to prevent a company from including such additional matters in its articles as may be considered necessary for its management.

Memorandum contains, inter alia, the objects for which a company is formed, the Articles contain the regulations concerning the relationship between the members and the company, the powers and functions of the Directors and all matters touching the dayto- day working of a company.

Please  read Section 4,I dont think you can add any clause in MoA.

On Tuesday, May 24, 2016 at 1:21:17 PM UTC+5:30, Shubhra garg wrote: