Clarification on amendment of MOA /AOA

[Mahesh Shinde]

Dear Members,

Is it mandatory for existing Pvt Co's to amend the articles/objects as per applicable sections of new act?

if yes, is there any time limit given for the same. Kindly share your views.

Thanks & Regards,

Mahesh Shinde

[Lily Bali]

Dear Mahesh

Yes, it is  Mandatory to amend MOA and AOA of pvt. co. according to CA 2013. because in earlier act limit of member is 50 and acc. to CA 2013 it 200,And so on.

Regards

Lily Bali

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[CS A Rengarajan]

it  is  suggested  to  amend  moa  and  aoa  once the  companies  act  notified.  fully.

Those  who  want  to  increase  the  members or  any  other  amendment, they  can go ahead  and  amend  now. 

others view  solicited

Best  regards

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CS A Rengarajan

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[CS Yogish Bhat]

Dear Members, 

MCA in its General Circular No.15/2013 Dated 13.09.2013 that in respect of 98 notified sections - clarifications are given only to Sections 2(68), 102, 133 & 130. Whereas in respect of private company - it is only for companies being registered after 12th September 2013.i.e., newly incorporated companies to have 200 members. it is NOT MANDATORY for existing companies to amend their Articles. If you refer Circular No. 16 /2013 Dated 18 .09.2013 MCA clarified that with effect from 12.09.203 the relevant provisions of the companies Act, 1956, which correspond to provisions of 98 sections of the companies Act, 2013 brought into force on 12.09.2013, cease to have effect from that date. However, MCA has not told what are the 'corresponding provisions' of old act. It may be possible to make an analysis of old act and new act and it will only serve the academic interest. practically it is not possible to find the 'corresponding provisions'

Regards, CS Yogish Bhat

[Cs Shanu]

Dear Friends

Can someone provide me MOA & AOA as per  CA,2013 for a public Company

Regards

Shanu

[Bhavani Prasad]

Dear Shanu

Find enclosed MOA & AOA as per CA 2013,as all the sections have not been notified as per CA 2013,necessary changes need to be carried out in the draft.

Wherever CA 1956 sections are applicable you can make a note as As amended and restated

Regards

CS Bhavani Prasad C N
Company Secretary
098665 19059

[Cs Shanu]

Thanks a lot.

[Sakshi Vaid]

I do not agree with the amendment of AOA of the companies in light of notified sections.the act is being made applicable in tranches.hence it may not be practical to amend the AOA each time the sections are notified.

Kind Regards

CS Sakshi Vaid

Company Secretary

 

[Bhavani Prasad]

If the Registrar insists on changing certain sections in light of CA 2013,then you need to do that.

Andhra ROC people insists on changing definition of Pvt co as per Sec 2(68) of CA 2013(which is notified) and not bothered about the rest of sections which are also notified.

Regards

CS Bhavani Prasad C N
Company Secretary
098665 19059