CA Foundation · Business Laws · The Companies Act, 2013
Rohit Agro Ltd wants to change the objects clause in its Memorandum of Association. Under the Companies Act, 2013, which of the following is the usual requirement for such an alteration?
The company must pass a special resolution of its members to alter the objects clause of the memorandum. A board resolution or ordinary resolution is insufficient, and creditors need not consent. The change is then filed with the Registrar as required under the Act.
- AA special resolution passed by the membersCorrect
- BAn ordinary resolution passed by the directors
- CA board resolution alone, with no filing
- DConsent of every creditor of the company
Explanation
Alteration of the memorandum, including the objects clause, requires a special resolution of the members, followed by filing with the Registrar. A board resolution or an ordinary resolution is not enough. Creditor consent is not a general requirement.
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