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Microlesson · 5-min read

Alteration of Articles (Section 14) and Conditions

# Alteration of Articles - Section 14

A company may alter its AOA by passing a Special Resolution and intimating the ROC in the prescribed manner.

## Basic Procedure

1. Special Resolution (SR) at general meeting.

2. Intimate ROC in prescribed manner.

## Six Conditions for Valid Alteration of AOA

Even though AOA can be altered by SR, the alteration must satisfy the following six conditions (judicially developed and statutorily reinforced):

#ConditionExplanation
1Not inconsistent with Statute/MOACannot violate Companies Act or override MOA
2Bonafide interest of companyDone in good faith, not to harm anyone
3Benefits company as a wholeNot for the benefit of a few members only
4Not illegal / against public policyCannot legitimise illegal acts
5Should not increase liability of membersMembers cannot be forced to contribute more (unless they consent in writing)
6Not to constitute fraudCannot defraud minority or creditors

## Key Point on Power to Alter

  • The power to alter AOA is statutory — a company cannot give it up by contract.
  • However, the alteration must satisfy the six conditions above; otherwise it can be challenged in court.

## Memory Aid: "S-B-B-I-L-F"

  • Statute consistency
  • Bonafide intent
  • Benefit to company as a whole
  • Illegality avoided
  • Liability not increased
  • Fraud absent

Worked example

### Example 1

Example: PQR Ltd wants to amend its AOA to give the board absolute discretion to refuse share transfers. Such an alteration is valid only if it is bonafide, benefits the company as a whole, and is not used to oppress a specific shareholder.

### Example 2

Example - Invalid alteration: A company amends AOA to require existing members to subscribe to additional shares to retain membership. This increases liability of members without their written consent and is therefore void.

⚠️ Common exam mistakes

  • Forgetting that the six conditions are cumulative — failing even one renders the alteration invalid.
  • Believing the company can bind itself never to alter AOA — this is not permissible; the power to alter is statutory.
  • Confusing AOA alteration (SR + ROC intimation) with MOA alteration (often needs CG approval too).
Bare-Act text Section 14 · Companies Act, 2013 · click to expand
Section 14: Subject to the provisions of this Act and the conditions contained in its memorandum, if any, a company may, by a special resolution, alter its articles including alterations having the effect of conversion of - (a) a private company into a public company; or (b) a public company into a private company. Every alteration of the articles under this section and a copy of the order of the Tribunal approving the alteration shall be filed with the Registrar, together with a printed copy of the altered articles, within a period of fifteen days in such manner as may be prescribed.
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