(a) whether it is a fact that the mere passing of resolution by
shareholders will not entail a company to make alterations in Memorandum
of Association (MoA) unless the same is registered with the Registrar of Companies (RoC);
(b) if so, the details thereof;
(c) whether it is also true that the resolution becomes altered,
only on the date the resolution is registered with RoC; and
(d) if so, the details thereof?
THE MINISTER OF STATE IN THE MINISTRY OF CORPORATE AFFAIRS (SHRI R.P.N. SINGH)
(a) to (d). Alterations in Memorandum of Association of a Company may
pertain to five clauses, namely, Name clause, Object clause, Situation
clause, Liability clause and Capital clause. However, alterations in Object
clause, Situation clause and Liability clause, they become effective only
from the date of registration of resolutions by the Registrar of Companies (RoC).
The alteration in the name clause becomes effective from the date of issue of
certificate by the RoC. Alteration in Capital clause for increase in authorised
capital becomes effective when the special resolution to this effect is passed in
the general meeting of the shareholders.