Q.11 Explain the procedure of alteration of memorandum of association�

1.	Q.11 Explain the procedure of alteration of memorandum of association
Answer» answrLOGINJOIN NOWWhat would you like to ask?LEGAL STUDIESAsked on December 27, 2019 byPrajapati DidwaniaExplain the procedure of alteration of Memorandum of Association. ShareStudy laterANSWERAlteration in the Memorandum of Association can be made by following the procedure under section 13 of the Companies Act’2013.This section is applicable to all companies.Hold board meeting to recommend the proposal for members’ consideration by passing a special resolution.Give notice of the Extraordinary general meeting in which special resolution is to be passed. 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.Since alteration of the memorandum is a special business, therefore, an EXPLANATORY statement u/s 102 of the Companies Act’2013 shall be accompanied with the notice of the meeting in which special resolution is to be passed.Special resolution: For alteration of any of the clauses of memorandum of association, except the capital clause, consent of members by way of special resolution is required. However, in case of alteration of authorised share capital, consent of members by way of ordinary resolution as stated in section 61 is required.The company is required to file special resolution passed by shareholders for alteration of memorandum of association with the Registrar of Companies. Form MGT-14 has to be filed for registration of special resolution within 30 days of the passing of resolution.A certified copy of the special resolution along with notice and an explanatorystatement of the general meeting in which resolution is passed and the altered memorandum and articles are to be attached as attachments to the form MGT-14. Copy of APPROVAL from the central govt. filed with the registrar in case of a change in name and registered office clauses of the memorandum.The alteration made under section 13 shall not have any effect until it has been registered.

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Q.11 Explain the procedure of alteration of memorandum of association​

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Q.11 Explain the procedure of alteration of memorandum of association