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Alteration of Articles of Association under Companies Act : Procedure
company who is intending to make any changes to the Articles of Association (AOA)
of its company, will have to comply with the provisions of section 14 of the
companies act 2013 and any other applicable provisions of the Act including
fulfillment of conditions as may be contained in the Memorandum of Association (MOA) of that company.
to make alteration to the AOA
of special resolution, to alter its articles including alterations for conversion
private company into a public company; or
public company into a private company:
private company will cease to be a private company from the date of alteration,
in case it makes any alteration to its AOA in a way that the altered AOA no
longer include the restrictions and limitations which are required to be in the
articles of a private limited company.
alteration for conversion of a public company into a private company requires the
approval of the Tribunal (NCLT).
Company has to file with the ROC the followings within 15days
alteration of the articles;
of the order of the Tribunal approving the alteration along with
printed copy of the altered articles
alteration of the articles registered shall be valid as if it were originally
in the articles.