Adoption of memorandum & articles of companies act,2013
DIVYANSHI RASTOGI
(Querist) 18 May 2016
This query is : Resolved
What is the time period for adoption of Memorandum of Association and Articles of Association as per Companies Act,2013.
P. Venu
(Expert) 19 May 2016
The information could be obtained under RTI.
Rajendra K Goyal
(Expert) 19 May 2016
Academic query, state material facts of the problem if any.
M V Gupta
(Expert) 25 May 2016
As experts have stated ur query is academic. Such questions do not need reply on this forum as the answer for such queries can be found by reading the text of the law. However for ur information I may refer to Section 3 of the Companies Act, 2013 in terms of which the MOA and AOA are to be signed by the promoters of the Company and file the same with the Registrar along with the application for registration of the Company. Those who subscribe their signatures to the Memorandum are regarded as the original members of the Company. Hence u may appreciate that MOA and AOA are to be prepared and signed by the Promoters at the time of applying for registration of the company.
Kuummaar AS
(Expert) 29 May 2016
You query
What is the time period for adoption of Memorandum of Association and Articles of Association as per Companies Act,2013.
is not very clear.
It is presumed that you want to know by which time Articles of Association of a Company incorporated under Companies Act, 1956, should be brought in line with that of Companies Act, 2013.
Section 5(6) of Companies Act, 2013 provides that the articles of a company shall be in respective forms specified in Tables, F, G, H, I and J in Schedule I as may be applicable to such company.
Section 5(9) of Companies Act, 2013 provides that nothing in this section shall apply to the articles of a company registered under any previous law unless
amended under the Act.
It is thus not necessary but suggested that whenever a company amends its
articles, it should ensure that subsequent to the amendment, the Articles of Association is as per the format specified under the Companies Act, 2013.
H.M.Patnaik
(Expert) 22 October 2016
In view of the opinion of Experts to your query, if you clarify under what circumstance, the question of time period for adoption of MOA and AOA of a Company has arisen, it will be easier to clear the horizon.
