Amendments & Corrections in the Company

Amendment and correction in Indian companies involve modifying official documents like the Memorandum of Association (MOA) or Articles of Association (AOA) to reflect changes in company details, such as name, address, business objectives, or share capital. Corrections address mistakes or discrepancies in filings submitted to the Registrar of Companies (ROC). These processes ensure the company’s records are accurate, up-to-date, and compliant with the Companies Act, 2013. Proper approval from shareholders and adherence to legal procedures are mandatory for valid amendments or corrections.

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    Overview

    Amendment & Correctness of Company in India .

    In India, the amendment and correctness of a company refer to the legal processes involved in updating or rectifying company information as per the Companies Act, 2013. These changes ensure that a company’s records remain accurate, transparent, and compliant with statutory requirements. Common amendments include changes in the company’s name, registered office, directors, share capital, or Articles and Memorandum of Association.

    The Ministry of Corporate Affairs (MCA) governs these procedures, and changes must be filed online through the MCA portal using prescribed forms like MGT-7, DIR-12, or INC-22, depending on the nature of the amendment. Proper documentation and approvals—such as board resolutions or shareholder consent—are essential for validity.

    Correctness refers to maintaining accurate company records at all times. Mistakes or outdated information in filings can lead to penalties or legal issues. Companies are encouraged to conduct regular compliance checks and audits to ensure the correctness of their records.

    Amendments must align with the law and be approved by the Registrar of Companies (RoC). This system strengthens corporate governance, enhances trust among stakeholders, and supports a healthy business environment in India. Overall, timely amendment and accuracy in records are key to a company’s legal and professional standing.

     
     
     

    Eligibility

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    ✅ Common Types of Amendments

    1. Change in Company Name

    2. Change in Registered Office

    3. Change in Directors

    4. Change in Share Capital

    5. Change in Object Clause (MOA)

    6. Correction of Typographical Errors

    📄 Documents Required for Various Amendments

    1. Change in Company Name

    • Board Resolution approving name change

    • Members’ Resolution (Special Resolution)

    • Altered MOA & AOA (with new name)

    • Name approval letter from MCA (RUN – Reserve Unique Name)

    • Certificate of Incorporation (for submission)

    • Form MGT-14 (Special resolution filing)

    • Form INC-24 (Approval of Central Government)

    2. Change in Registered Office

    • Board Resolution

    • Utility Bill (Electricity/Water/Telephone – not older than 2 months)

    • NOC from property owner

    • Lease/rent agreement (if applicable)

    • Form INC-22

    • Special Resolution (if shifting from one state to another)

    3. Change in Directors

    • DIR-2 (Consent to act as director)

    • DIR-12 (Appointment/Resignation)

    • Identity and address proof of the director

    • Board Resolution

    • Resignation letter (if applicable)

    4. Change in Share Capital

    • Board Resolution

    • Shareholders’ Resolution (for increase in authorized capital)

    • Altered MOA (if capital clause changes)

    • Form SH-7 (for changes in authorized share capital)

    • Form PAS-3 (Return of allotment – if shares issued)

    5. Change in Object Clause (MOA)

    • Board Resolution

    • Special Resolution passed in AGM/EGM

    • Altered MOA

    • Form MGT-14 (to file the resolution)

    6. Correction of Errors (e.g., spelling, data entry)

    • Copy of original incorporation certificate

    • Documentary evidence of correct data (e.g., PAN, Aadhaar)

    • Request letter explaining the correction

    • Relevant supporting forms (depending on type)

    🧾 General Documents

    • PAN of Company

    • Certificate of Incorporation

    • Board Resolution / Special Resolution

    • Digital Signature Certificate (DSC) of authorized director

    • Director Identification Number (DIN)

    • Updated MOA & AOA (where applicable)

    📌 Notes:

    • All amendments are to be filed with the Ministry of Corporate Affairs (MCA) via the MCA portal.

    • Most changes must be approved by the Board and sometimes shareholders.

    • Penalties may apply for delayed or non-compliance in filing.

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