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Microlesson · 5-min read

Alteration of MOA - Name, Situation & Object Clauses (Section 13)

# Alteration of MOA - Section 13

The MOA has six clauses; alterations are governed by Section 13. Three commonly tested clauses are Name, Situation, and Object.

## 1. Change of Name Clause

StepRequirement
1Board Resolution
2Special Resolution
3Name approval via RUN (Reserve Unique Name) facility
4File required forms with ROC within 60 days
5Obtain fresh COI

> Exception: No CG approval is required for the mere addition or deletion of the words 'Private' / 'Limited' (e.g., when converting from Pvt → Public or vice versa).

## 2. Change of Situation Clause (Registered Office from One State to Another)

StepRequirement
1BR + SR
2Application to Central Government
3CG to issue approval certificate within 60 days (considers interests of creditors, debenture holders etc.)
4Intimate ROC in prescribed manner with approval certificate within 30 days (Form INC-22)
5Obtain fresh COI

> Special Notes:

> - State Government cannot impose restrictions on the change.

> - Employees have a right to oppose (their livelihood may be affected).

## 3. Change of Object Clause

StepRequirement
1Board Resolution
2Special Resolution
3Application to Central Government
4File required forms with ROC within 30 days

> Crucial Protection: A dissenting minority shareholder must be given an exit route — meaning, if money raised from public via prospectus is unutilised and the object is being altered, dissenting shareholders should be allowed to exit at a fair value.

## Side-by-Side Comparison

AspectNameSituation (State to State)Object
BRYesYesYes
SRYesYesYes
CG ApprovalUsually No (only for some cases)YesYes
RUNYesNoNo
ROC Filing60 days30 days30 days
Fresh COIYesYes(Effective on ROC registration)

## Memory Trick

  • Name → RUN + 60 days
  • Situation → CG + creditors + employees can oppose
  • Object → CG + exit route for dissenting minority

Worked example

### Example 1

Example - Name change: 'ABC Technology Pvt Ltd' wants to become 'ABC Innovations Pvt Ltd'. Steps: BR → SR → RUN application → ROC filing within 60 days → fresh COI. CG approval is NOT needed for changes involving only addition/deletion of 'Pvt'/'Ltd'.

### Example 2

Example - Object change: XYZ Ltd raised public money for a power project and now wants to pivot into real estate. It must pass SR, get CG approval, file with ROC, AND offer an exit to minority shareholders who object.

⚠️ Common exam mistakes

  • Forgetting that addition/deletion of 'Pvt'/'Ltd' does not require CG approval.
  • Missing the 'exit route to dissenting minority' rule in object clause change — a frequently tested protection.
  • Confusing ROC filing timelines: name (60 days) vs situation/object (30 days).
Bare-Act text Section 13 · Companies Act, 2013 · click to expand
Section 13: A company may, by a special resolution and after complying with the procedure specified in this section, alter the provisions of its memorandum. Any change in the name of a company shall be subject to the provisions of sub-sections (2) and (3) of section 4 and shall not have effect except with the approval of the Central Government in writing. No alteration shall have any effect until it has been registered in accordance with the provisions of this section.
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