Amending the Memorandum of Association (MOA) and Articles of Association (AOA) involves a formal process to ensure compliance with corporate laws.
Firstly, the board of directors must convene a meeting to approve the proposed amendments and schedule an extraordinary general meeting (EGM) to seek shareholder approval. Detailed notices of the EGM, including the proposed changes, must be sent to all shareholders.
At the EGM, a special resolution must be passed by the shareholders to approve the amendments. Once approved, the company must file Form MGT-14 with the Registrar of Companies (ROC) within 30 days, attaching the special resolution and the amended MOA and AOA.
The amendments can address various changes, such as altering the company’s name, registered office, capital structure, or business objectives. Proper documentation and timely filing are crucial to avoid legal issues and ensure the changes are legally binding. Updating the MOA and AOA aligns the company’s foundational documents with its current operational and strategic needs.