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Documents Required for :
MOA Amendment

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MOA Amendment Filing for Company

The MOA (Memorandum of Association) Amendment form is used by companies to modify or amend the clauses in their Memorandum of Association. This filing is required under the Companies Act, 2013 whenever a company wishes to make changes in its objectives, name, address, share capital, or other key elements defined in the MOA.

Who Needs to File for MOA Amendment?

  • Companies that need to change the objectives or activities listed in their Memorandum of Association.
  • Companies wishing to modify their registered office address or change their name.
  • Companies that need to alter the share capital clause or any other details in the MOA.
  • Companies requiring an amendment to comply with changes in regulations or business operations.

Benefits of MOA Amendment Filing

  • Legal Compliance: Ensures that the company complies with statutory regulations when making changes to its MOA.
  • Business Flexibility: Allows the company to modify its objectives or other elements to align with new business strategies or goals.
  • Updated Information: Ensures that the company's legal documents accurately reflect current business details.

Consequences of Non-Compliance

If a company fails to file for MOA amendment when required, it may face penalties for non-compliance. Non-filing may lead to legal complications, business restrictions, and potential challenges in future business activities. Moreover, the company's inability to update its MOA could result in operational limitations or regulatory issues.

Documents Required for MOA Amendment Filing

  • Board resolution or special resolution approving the MOA amendment.
  • Details of the changes being made to the MOA, such as new objectives, address, share capital, or name.
  • Altered Memorandum of Association reflecting the amendments.
  • Any other relevant documents as required by the Ministry of Corporate Affairs (MCA).

Step-by-Step Process for MOA Amendment Filing

  • Preparation of Documents: Gather all necessary documents, including the proposed changes and board resolution for the MOA amendment.
  • Drafting the MOA Amendment: Prepare the new Memorandum of Association incorporating the proposed changes.
  • Board Resolution: Pass a Board resolution or special resolution for amending the MOA (if applicable).
  • File with MCA: Submit the MOA amendment form and supporting documents electronically through the Ministry of Corporate Affairs (MCA) portal.
  • Confirmation: Upon submission, the MCA processes the filing and provides confirmation once the amendment is approved.

Filing Lounge's Process for MOA Amendment Filing

  • Initial Consultation: We assess your company's situation and guide you through the MOA amendment process.
  • Document Preparation: We assist in preparing and verifying the required documents, including the draft MOA and the board resolution.
  • Filing with MCA: We file the MOA amendment on your behalf with the Ministry of Corporate Affairs (MCA) to ensure timely submission.
  • Post-Filing Support: We provide assistance in tracking the status of the filing and obtaining confirmation from the MCA.

How Filing Lounge Can Help

Filing Lounge offers expert services to ensure smooth and compliant MOA amendment filings for companies. We manage the entire process, from document preparation to submission, ensuring timely compliance with legal requirements.

  • Expert Guidance: Get expert advice on the MOA amendment process and the necessary changes to your company's Memorandum of Association.
  • Comprehensive Assistance: We handle all the paperwork, filings, and coordination with the Ministry of Corporate Affairs (MCA).
  • Quick Processing: We ensure your MOA amendment is processed on time to meet statutory deadlines.
  • Compliance Assurance: We ensure that your MOA amendment filing is fully compliant with the relevant laws and regulations.

For more information, visit our MOA Amendment Filing page.

With Filing Lounge, the MOA amendment filing process is quick, easy, and fully compliant with the law.

Related Guides

Documents Required For MOA Amendment Filing

Proprietorship vs Limited Liability Partnership (LLP) vs Company

Features Proprietorship Partnership LLP Company
Definition A sole proprietorship is an unregistered business entity managed by a single individual. A legal contract between multiple parties to jointly manage and run a business operation. A business type that combines aspects of a partnership and the limited liability of a corporation. A registered business where owners and shareholders have limited liability.
Ownership
  • Single individual
  • Min 2 Partners
  • Max 50 Partners
  • Designated Partners: Min 2(No upper limit)
  • Min: 1 shareholder (for a private company), 7 shareholders (for a public company)
  • Max: 200 shareholders (for a private company), no upper limit (for a public company)
For One Person Company
  • Minimum: 1 individual
  • Maximum: 1 individual
Registration Time 7-10 working days
Promoter Liability Unlimited Liability Limited Liability
Documentation
  • Partnership Deed
  • PAN card of the partnership firm
  • LLP Agreement
  • Incorporation Certificate
  • PAN card of the LLP
  • MOA
  • AOA
  • Certificate of incorporation
  • PAN card of the company
Governance No specific governing law Governed by the terms outlined in the partnership deed Governed by the LLP agreement Governed by a formal structure including a Board of Directors
Transferability Business cannot be transferred Ownership transfer requires the consent of all partners as outlined in the partnership deed. Transferable Easily Transferable for public companies. In private companies, there might be some restrictions.
Compliance Requirements
  • Income tax filing if the turnover exceeds Rs. 2.5 lakhs.
  • Must file ITR 5
  • Must file ITR 5
  • File Form 11
  • Form 8
  • MCA filing
  • Auditor's appointment
  • File ITR 6

MOA Amendment Filing FAQ's

What is MOA Amendment Filing?

MOA Amendment Filing is the process of modifying the company's Memorandum of Association (MOA) to reflect changes in its objectives, name, share capital, or other important details as per the Companies Act, 2013.

Why is MOA Amendment Filing necessary?

Filing for MOA amendment is necessary when a company needs to alter its objectives, name, share capital, or any other clauses in the MOA. This ensures that the company's legal documents remain up to date and compliant with current business needs and regulatory requirements.

What documents are required for MOA Amendment Filing?

The documents required for MOA amendment filing include the board resolution or special resolution approving the amendment, the revised Memorandum of Association, company details (CIN, address), and any other necessary documents as required by the MCA.

Can MOA Amendment Filing be done online?

Yes, MOA amendment filing can be done online through the Ministry of Corporate Affairs (MCA) portal by submitting the required forms and documents electronically.

What is the resolution for MOA Amendment?

The resolution for MOA amendment is a formal decision passed by the Board of Directors or shareholders, approving the changes to the company's Memorandum of Association. It must be submitted with the amendment filing to the MCA.

What happens after submitting MOA Amendment Filing?

Once the MOA amendment filing is submitted, the Ministry of Corporate Affairs (MCA) will process the request. If approved, the company will receive confirmation of the updated MOA, and the changes will be legally effective.

Can a company file for MOA Amendment after its formation?

Yes, a company can file for an MOA amendment after its formation if it needs to change any of the clauses in the MOA, such as its objectives, share capital, or registered address.

What is the process for MOA Amendment Filing?

The process involves passing a board resolution or special resolution to approve the amendment, preparing the revised MOA, completing the MCA filing forms, and submitting the documents on the MCA portal for approval.

What happens if I do not file for MOA Amendment?

If you fail to file for MOA amendment when required, the company's MOA will remain outdated, which could lead to legal issues, non-compliance with regulations, and potential business disruptions.

How long does the MOA Amendment filing process take?

The filing process typically takes a few days once all documents are prepared. The approval from the MCA may take a few weeks, depending on their processing time and compliance verification.

How can Filing Lounge help with MOA Amendment Filing?

Filing Lounge provides expert assistance with the MOA amendment filing process, from preparing the necessary documents to submitting the filing on the MCA portal and ensuring timely compliance with all legal requirements.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.

FSSAI Registration
IE Code
Trademark Registration
Copyright Registration
Salaried Tax-filing
GST Return Filing

MCA Compliance

Each registered entity is required to meet its compliance duties at the close of each financial year. This generally includes auditing financial statements, filing income tax returns, and submitting annual forms to the Ministry of Corporate Affairs (MCA).

Compliance For Form Due date Penalty
Commencement of Business Intimation to Registrar for Commencement of Business Within 180 days from incorporation INR 50,000 on company and INR 1,000 per day on directors for each day of default
Annual KYC of Directors DIR 3 E-KYC 30th September of every year INR 5,000 for late filing
Appointment of Auditor Form ADT 1 Within 15 days of the AGM INR 300 per day (max INR 12,000)
Financial Statements Form AOC 4 Within 30 days from the AGM INR 100 per day of default
Annual Return Form MGT 7 Within 60 days from the AGM INR 100 per day of default

All Limited Liability Partnerships (LLP) in India must file annual returns with the Ministry of Corporate Affairs (MCA). FilingLounge provides affordable services to help you keep your LLP compliant.

LLP Compliance Form Due date Penalty
Annual KYC of Directors DIR 3 KYC 30th September of every year INR 5,000 for late filing
Annual Return Form 11 May 30th every year INR 100 per day of default
Statements of Accounts and Solvency Form 8 30th October every year INR 100 per day of default (minimum penalty INR 10,000)

In addition to the filings listed above, there may be other compliance requirements relevant to LLPs. To ensure all compliance needs of your LLP are met, please seek assistance from a Filinglounge Advisor.

Entity Compliance Form Due date
Private Limited Company Annual Return MGT-7 Within 60 days from the conclusion of the AGM
Financial Statements AOC-4 Within 30 days from the conclusion of the AGM
DIR-3 KYC DIR-3 KYC 30th September every year
Return of Deposits DPT-3 30th June every year
Appointment of Auditor ADT-1 Within 15 days from the conclusion of the AGM
Income Tax Return (Non-audit case) ITR-6 31st July every year
Income Tax Return (Audit case) ITR-6 30th September every year
Annual GST Return GSTR-9 31st December of the subsequent financial year
MSME Form Form 1 (MCA) half-yearly return by 31st October (April to September), & 30th April for the period October to March every year
Limited Liability Partnership Income Tax Return (Non-audit case) ITR 5 31st July every year
Income Tax Return (Audit case) ITR 5 30th September every year
Annual Return Form 11 30th May every year
Financial Statements Form-8 30th October every year

Note : There might be extra filings needed depending on your business type and activities. Talk to a FilingLounge advisor to get the right guidance for your company's compliance.