Addition in Object Clause and change of MOA

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SUMIT JAISWAL

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Jan 13, 2015, 1:58:14 AM1/13/15
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Dear All,

A company is planning to become a Core Investment Company (CIC). A suitable object is to added to the existing object clause of MOA of the Company. Kindly advise:

1. The current MOA of the company is as per the 1956 Act. If an object clause is added to the main objects of the MOA, then whether the entire MOA is required to be changed as per the 2013 Act or only one clause can be added to the existing clause?
2. Is there any other requirement which the Company should keep in mind (for eg is it mandatory to change the existing name of the company)?

Thanks & Regards
Sumit

Jayashree Chandrasekaran

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Jan 13, 2015, 2:09:38 AM1/13/15
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Yes the MOA should be updated as per CA2013 as and when you go for a change....also the AOA
Yes,if there is going to be a change in the main object it will correct to go in for name change


Jayashree

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SUMIT JAISWAL

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Jan 13, 2015, 4:05:42 AM1/13/15
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Thank you Jayashreeji.

Our purpose is to have a new main object of the Company. Since now entire MOA needs to be replaced, can anyone advise how to go about the same. Whether it will be change of object clause of MOA or replacement of existing MOA with a new one?

Regards
Sumit

Amar Hussain Shaikh

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Jan 13, 2015, 4:12:35 AM1/13/15
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Dear Sumit,

Pass BR for change of objects in MOA and in that BR  resolve that MOA will be altered as per CA 2013.

The same needs to be taken as special resolution in the AGM/EGM.


Amar 

 

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