STEPS FOR ALTERATION IN NAME CLAUSE OF MEMORANDUM OF ASSOCIATION
STEP-I
Call Meeting of Board Director:
- Issue Notice of Board Meeting to all the directors of company at least 7 days before the date of Board Meeting.
- Attach Agenda of Board Meeting along with Notice
STEP-II
Hold a Board Meeting: Hold the Board meeting of Company for following purposes:
- Place before Board Suggestions for New names.
- Pass Board Resolution after Selection of Names.
- Authorize to Directors of company to make Application with ROC for Name approval.
STEP-III
File form INC-1 with ROC for approval of name:
ATTACHMENTS:
- Copy of Board Resolution.
- Approval of Owner of Trade Mark or the applicant of such application.
STEP-IV
Name Approval Certificate from ROC, if applied name are available.
STEP-V
Call Meeting of Board Director:
- Issue Notice of Board Meeting to all the directors of company at least 7 days before the date of Board Meeting.
- Attach Agenda of Board Meeting along with Notice.
STEP-VI
Hold Board Meeting: Hold the Board meeting of Company for following purposes:
- Place Name Availability Certificate before the Board.
- Fix Day, Date, Time of Extra-ordinary General Meeting.
- Place Draft Notice of Extra-ordinary General Meeting before Board.
- Authorization to Director to issue Notice of Extra-ordinary General Meeting.
STEP-VII
Call Extra-Ordinary General Meeting: Give Atleast 21 clear days Notice of Extra-ordinary General Meeting along with explanatory statement through Electronic Mode or in Writing to:
- All the Directors of Company.
- All the Members of Company.
- Auditor of Company.
- The notice shall specify the place, date, day and time of the meeting and contain a statement on the business to be transacted at the EGM.
- Authorize Director & Company Secretary of company to issue notice of EGM.
STEP-VIII
Hold Extra-Ordinary General Meeting:
- Check the Quorum.
- Check whether auditor is present, if not. Then Leave of absence is Granted or Not. (As per Section- 146).
- Pass Special Resolution.[Section-114(2)]
- Approval of Alteration in MOA & AOA.
STEP-IX
File E-form MGT-14 within 30 days of passing of Special Resolution.
ATTACHMENTS:
- Notice along with Explanatory Statements.
- Certified True Copy of Special Resolution.
- Altered in MOA & AOA.
- Minutes of General Meeting.
File E-form INC-24 within 30 days of passing of Special Resolution
ATTACHMENTS:
- Notice along with Explanatory Statements.
- Certified True Copy of Special Resolution.
- Altered in MOA & AOA.
- Minutes of General Meeting
STEP-X
After completing Above Procedure ROC will issue a New Certificate of Incorporation
in form No. – 25. (Rule-29 of THE Companies (Incorporation) Rules, 2014). Name will
be effective from the date of issue of Certificate.
Documents Required;
- Board Resolution
- Significance of New Name
- Notice EOGM along with Explanatory Statement
- Altered MOA AOA
- Latest MOA AOA of the Company
- Certified true copy of Special Resolution
By CS Deepanshu Arora
Author can be reached at arora.deepanshu93@gmail.com
09643955460