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CS Executive · Company Law and Practice · Legal Status and Types of Registered Companies

Bharat Education Foundation, registered under section 8 of the Companies Act, 2013, plans to change its memorandum to add a new object. What is the position?

A company registered under section 8 cannot alter its memorandum or articles except with the previous approval of the Central Government. Under section 8(4)(i), a special resolution or a notice to the Registrar alone is insufficient for the change.

  1. AIt may alter the memorandum by special resolution alone
  2. BIt needs only to file notice with the Registrar
  3. CIt may alter it only with previous approval of the Central GovernmentCorrect
  4. DIt needs the Tribunal's approval before altering

Explanation

Section 8(4)(i) states that a section 8 company shall not alter its memorandum or articles except with the previous approval of the Central Government. A special resolution alone or mere filing is not sufficient, and the Tribunal is not the approving authority here.

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