Alteration in Memorandum & Articles of Association (MoA & AoA)
Your trusted partner for corporate restructuring — ensuring legally compliant modification of company charter documents under MCA regulations.
Overview
The Memorandum of Association (MoA) and Articles of Association (AoA) are the foundational documents of a company. The MoA defines the company’s external scope, objectives, and capital structure, while the AoA governs internal management and operational rules.
An Alteration in MoA & AoA is required for changing business objectives, modifying capital structures, updating governance rules, or aligning with strategic shifts. This process is strictly regulated under the Companies Act, 2013 and requires shareholder approval via a Special Resolution and formal filing with the Registrar of Companies (RoC).
Key Benefits
Legal Flexibility
Modify your company's core charter to enable new business activities or operational models.
Strategic Alignment
Update your governance rules (AoA) to match the current scale and management style of your business.
Capital Restructuring
Enable changes in share capital, rights, or obligations by amending the relevant MoA/AoA clauses.
Investor Readiness
Align internal rules with investor requirements for better transparency and governance during funding.
Regulatory Compliance
Ensure your charter documents are up-to-date with the latest amendments in the Companies Act, 2013.
Operational Growth
Remove restrictive clauses that might be hindering your business's ability to scale or pivot.
Eligibility Requirements
Ensure your business meets these basic criteria for a smooth registration process.
Expert Tip
Having all directors present in India is not mandatory, but at least one director must be a resident of India (stayed in India for 182+ days).
Documents Required
Keep these documents ready to fast-track your application.
Corporate Documents
- Current Certificate of Incorporation
- Existing MoA & AoA
- Digital Signatures (DSC) of Directors
Required Resolutions
- Board Resolution for Alteration
- Special Resolution from Shareholders
- Minutes of the EGM
Application Details
- Draft of Amended MoA & AoA
- Notice of the Extraordinary General Meeting
- Explanatory Statement for Changes
Registration Process
Our seamless digital-first approach ensures completion in the fastest possible time.
Review & Requirement Analysis
Identifying the specific clauses in the MoA or AoA that need to be modified.
Drafting Amendments
Preparing the updated version of the charter documents as per legal standards.
Board Meeting & Approval
Formally proposing the amendments and authorizing the shareholder meeting.
Extraordinary General Meeting (EGM)
Passing a Special Resolution with 75% majority to approve the alterations.
Filing Form MGT-14
Submitting the special resolution and altered documents to the ROC within 30 days.
ROC Review & Processing
Examination of the amended charter by the Ministry of Corporate Affairs.
Registration of Alteration
Issuance of the certificate of registration or approval of the new charter documents.
Update Statutory Records
Ensuring all physical and digital copies of the MoA/AoA reflect the changes.
Mandatory Compliance
Staying compliant is crucial for your company's good standing. Non-compliance may lead to penalties and director disqualification.
View All Compliance ServicesWhy Choose Bizmint?
We combine professional expertise with technology to provide the best-in-class incorporation experience.
FAQs
Common questions about Alteration in Memorandum & Articles of Association (MoA & AoA)
Update Your Corporate Constitution Today
Alter your MoA and AoA seamlessly with expert legal support and MCA compliance from Bizmint LLP.