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Changes in Company Information under Companies Act, 2013

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Q.1 What is the process of intimating Ministry of Corporate Affairs about any change in Managing Director, Directors, Manager, CEO, CFO or Secretary of a company?

A company can intimate changes among Managing Director, Directors, Manager and Secretary of a company by filing eForm DIR-12 with Registrar of Companies (ROC) within 30 days (Event date + 30 days) from the date when such change takes place.

 

Q.2 What is the process of changing Company Name?

The following eforms need to be filed:

1. The existing company needs to reserve the name through ‘RUN’.

2. After the name is approved, MGT-14 (necessary resolution for alteration of Memorandum of Association and Articles of Association (MOA and AOA) needs to be filed.

3. eForm INC-24 (Application for approval of Central Government for change of name) needs to be filed.to give effect to change in name.

 

Q.3 How do I intimate Ministry of Corporate Affairs about change in Object Clause of MOA?

In case a company wants to change its object clause, it can do so by filling passing necessary resolution and file eForm MGT-14.

 

Q.4 How do I intimate Ministry of Corporate Affairs about change of registered office of the company?

In case company has changed its registered office within local limits of the same city or place, intimation regarding the same has to be filed in Form INC-22.

Similarly, if company wishes to shift or change its registered office outside local limits of city, town or village, first eForm MGT-14 and then eForm INC-22 are required to be filed to Registrar of Companies (ROC) to give effect to such change.

In case, company wants to shift the registered office from one state to another state or from jurisdiction of one RoC to another, it needs to file following forms to give effect to such change:

1) Form MGT-14

2) Form INC-23 – File application with Central Government in Form No.

3) Form INC-28

4) Form INC-22

 

Q.5 How can a company increase authorized capital?

A company can increase its authorized capital by filing eForm SH-7. Similarly, subscribed capital and paid up capital of the company can be increased on filing and approval of Form PAS-3 (Return of allotment of shares).

 

Q.6 How can a Public company convert into a Private company?

A public company can convert itself in to a private company by filing Form MGT-14 (Alteration of MOA and AOA) and then taking approval of Form INC-27.

 

Q.7 How can a Private company convert into a Public company?

A private company can convert itself into a public company by filing Form MGT-14 for registration of such resolution passed by the company (Alteration of MOA and AOA) and filing of Form INC-27.

 

Q.8 What is the process of registering a charge or making modification to a registered charges (other than those related to debentures)?

To register a charge or make modification in registered charges (other than those related to debentures), Form CHG-1 needs to be filed.

 

Q.9 How can I report repayment or satisfaction of registered charges?

In case you want to report repayment or satisfaction of registered charges, you need to file Form CHG-4 (satisfaction of charge). This form is applicable for both the type of charges.

 

Q.10 What is the process of intimating about change in information of a Foreign Company?

A foreign company can change its information by filing Form FC-2 and Form FC-3. Form FC-2 is required when there is –

  • Alteration in the charter, statute or memorandum and articles of association
  • Alteration in registered or principal office of the company in the country of incorporation.
  • Alteration in places of business in India of the company.
  • Alteration in directors and secretary of a foreign company.
  • Alteration in particulars of company authorized representative(s)

Similarly, Form FC-3 is required to give notice in case of -Annual accounts and list of places of business established in India by a foreign company

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