Rectification of Name, Copies of MOA/AOA to Members (Sections 15-17)

# Sections 15, 16 and 17 - MOA/AOA Compliance

## Section 15 - Alteration to be Noted in Every Copy

Whenever MOA or AOA is altered, every copy of the MOA/AOA issued by the company thereafter must reflect the alteration.

### Penalty for Default

₹1,000 per day of default, on company and every officer in default.

## Section 16 - Rectification of Name of Company

Where a company's name resembles or is identical to that of an existing company or registered trademark, the Central Government can direct rectification.

### Two Modes of Action

#### (a) CG Suo-Motu (on its own)

• CG orders the company to change its name within 3 months.
• Change is by passing an Ordinary Resolution in GM.

#### (b) On Application by Existing Company / Trademark Owner

• Application must be made within prescribed time.
• CG orders the new company to change its name within 3 months.
• Change is by passing an Ordinary Resolution in GM.
• Company must intimate ROC in prescribed manner after change.

> Important nuance: Both modes use Ordinary Resolution (not Special) — this is a frequent trap question.

## Section 17 - Copies of MOA/AOA to Members

On a member's request and payment of prescribed fees, the company shall send a copy of:

• MOA
• AOA
• Every agreement and resolution required to be embodied in MOA/AOA

### Time Limit

Within 7 days of request.

### Penalty for Default

₹1,000 per day of default, OR ₹1,00,000 (one lakh), whichever is LESS.

## Quick Recall Table