Replacing of MOA of 1956 with Rules of CA Act 2013

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Rakesh

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Jan 9, 2015, 12:43:26 AM1/9/15
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Dear Members

I am amending the Capital Clause in MOA, is it Mandatory to change the Full MOA as per Rules of Companies Act 2013 or retain as it is of 1956 Act.

Plz let me know the solution.. it is bit urgent

Jayashree Chandrasekaran

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Jan 9, 2015, 1:13:58 AM1/9/15
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Pls amend both MOA and AOA as per CA2013


Jayashree

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Rakesh

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Jan 9, 2015, 1:15:25 AM1/9/15
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Is tat mandatory or Optional.

Capital Clause is not mentioned in AOA.. Stil do I need to amend AOA now

Ankush Lawate

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Jan 9, 2015, 1:17:25 AM1/9/15
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Dear Rakesh,

Its not mandatory but it is better to adopt new set of articles as per CA 2013.

Regards,
Ankush Lawate

ANKUSH LAWATE

Rakesh

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Jan 9, 2015, 1:19:28 AM1/9/15
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Dear Ankush

Can you just send the amended set of MOA and AOA for reference.


On Friday, January 9, 2015 at 11:13:26 AM UTC+5:30, Rakesh wrote:

Ankush Lawate

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Jan 9, 2015, 1:20:33 AM1/9/15
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Always it is better to mention in the articles that the authorised capital of the company shall be as per clause V of the MOA so that it will not be required to amend event he capital clause gets changed.

Regards,
Ankush Lawate
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ANKUSH LAWATE

Rakesh

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Jan 9, 2015, 1:22:45 AM1/9/15
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It's mentioned same in AOA.

So I need to amended just MOA. If you have amended it as per CA 2013 can just forward the same for reference.


On Friday, January 9, 2015 at 11:13:26 AM UTC+5:30, Rakesh wrote:

Ankush Lawate

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Jan 9, 2015, 1:32:37 AM1/9/15
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Dear Rakesh,

Please find the attached drafts of MOA-AOA considering your company is a Pvt. Ltd. company. I have draft of resolution for adoption of new articles also.

Kindly note that as per CA 2013, Object clause in the MOA has also to reclassified into main and incidental only.

Thanking you,

Regards,
Ankush Lawate

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ANKUSH LAWATE

Draft_AoA.rtf
Draft_MOA.docx

CS Simranjeet Singh

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Jan 9, 2015, 1:46:47 AM1/9/15
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thanks Mr. Ankush for sharing the drafts.. can you pls share draft resolutions also for adoption of new AOA and MOA as per CA, 2013

 
 

With Best Regards?

Simranjeet Singh
Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."
 

   

Ankush Lawate

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Jan 9, 2015, 1:57:19 AM1/9/15
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Please find the attached draft of resolution for adoption of new set of articles along with explanatory statement. I received this resolution from one of my friend.

Thanking you,
Regards,
Ankush Lawate
resolution_adoption of articles.docx

Jayashree Chandrasekaran

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Jan 9, 2015, 1:59:36 AM1/9/15
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Dear Ankush,
As far as AOA is concerned,did you replace the entire set?

Jayashree

On Fri, Jan 9, 2015 at 12:02 PM, Ankush Lawate <ankus...@gmail.com> wrote:



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Ankush Lawate

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Jan 9, 2015, 2:03:31 AM1/9/15
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In process of replacing entire set.

Regards,
Ankush Lawate

CS Simranjeet Singh

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Jan 9, 2015, 3:34:04 AM1/9/15
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Mr. Ankur in this resolution nothing is mentioned about Table F adoption to the extent specifically modified by a Special resolution. so, while filing MGT-14 for adoption of new set which option we need to select under purpose of passing the resolution.. alteration of articles OR adoption of table F in schedule which we have used to write in AOA i.e.  The Regulations contained in Table “F” in the Schedule I to the Companies Act, 2013, shall apply to the Company except in as far as otherwise expressly incorporated hereinafter 

i believe we have to write in resolution about adoption of table f except to the extent modified through a special resolution which is covered under Section 371(3)(a) of the CA, 2013 and accordingly have to select adoption of table f option in MGT -14 purpose of passing the resolution.


expert views solicited on this issue..

 
 

With Best Regards?

Simranjeet Singh
Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."
 

   


Rakhi Singh

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Jan 9, 2015, 3:50:04 AM1/9/15
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You can change only Capital Clause and it is not mandatory to change Full MOA it is only advisable for better Compliance as some new things have incorporated which was not under 1956.

On Fri, Jan 9, 2015 at 11:13 AM, Rakesh <huliha...@gmail.com> wrote:

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Thanks & Regards,

 Rakhi Singh
Company Secretary
NKG Infrastructure Limited

Rakesh

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Jan 9, 2015, 3:52:36 AM1/9/15
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Rakhi Singh

Did you change any of such MOA??? If so can u just forward the same MOA just for reference...


On Friday, January 9, 2015 at 11:13:26 AM UTC+5:30, Rakesh wrote:
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