Company Alteration
Company alteration in India involves legally modifying a company’s name, share capital, objectives, or internal rules by following the Companies Act procedures to adapt to business needs and growth.
Overview
Company Alteration in India.
Company alteration in India refers to the legal process of making changes to the structure, details, or internal regulations of a registered company. These changes are governed by the Companies Act, 2013, and must be carried out in compliance with rules set by the Ministry of Corporate Affairs (MCA).
Alterations can include changes in the company’s name, registered office, object clause (business activities), authorized share capital, or articles of association. Other alterations may involve conversion from a private company to a public company, or vice versa, or shifting the registered office from one state to another. Each type of alteration requires board and shareholder approvals, followed by filing specific forms like MGT-14, INC-24, or SH-7 with the Registrar of Companies (RoC).
The purpose of company alteration is to support business growth, strategic shifts, restructuring, or compliance needs. Proper documentation, adherence to due process, and timely submission of forms are essential to avoid penalties or legal complications.
In summary, company alteration in India is a vital aspect of corporate governance that ensures businesses remain adaptable, transparent, and legally compliant as they evolve over time. It helps companies align their legal identity with their changing objectives and operational requirements.
Eligibility
✅ General Documents for Any Alteration:
Board Resolution – Authorizing the alteration.
Notice of General Meeting – Along with explanatory statements (as per Section 102).
Special Resolution – Passed by shareholders in the general meeting.
Altered MOA & AOA – Copies reflecting the proposed changes.
Minutes of Meeting – Where the resolution was passed.
Form MGT-14 – For filing the special resolution with the Registrar of Companies (ROC).
📌 Additional Documents Based on Type of Alteration:
1. Change in Company Name
Approval letter from Central Registration Centre (CRC) for name availability (RUN – Reserve Unique Name).
Copy of Special Resolution.
Altered MOA and AOA.
Form INC-24 (for Central Government approval).
2. Change in Registered Office
Proof of new address (rent agreement, utility bill, NOC from owner).
Board & Special Resolution.
Form INC-22.
Form MGT-14 (if clause in MOA changes).
3. Change in Object Clause
Updated MOA.
Special Resolution.
Form MGT-14.
4. Change in Authorized Share Capital
Board and Special Resolutions.
Altered MOA.
Form SH-7 (for share capital).
Form MGT-14.
5. Change in Directors or Key Managerial Personnel (KMP)
Consent Letter from new director (DIR-2).
DIR-12 form (with resolution & ID/address proofs).
Resignation letter of outgoing director (if any).
📝 Other Supporting Documents:
PAN card and CIN of the company.
Digital Signature Certificate (DSC) of authorized director.
Identity and address proof of directors/shareholders.
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