Change Business Activity

An organization’s intentional, planned attempt to alter or change its procedures, tactics, culture, or operations in reaction to internal or external circumstances is sometimes referred to as a “change business activity.” The purpose of this action is to enhance performance, efficiency, competitiveness, or adapt to changing situations like market changes, client preferences, regulatory changes, or technology improvements.

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INTRODUCTION

What are the business objectives, and how are they changing?

The major aim clause of the Memorandum of Agreement defines the business objectives specifically with regard to the firm. These goals specify the parameters of the company’s primary business operations that it is permitted to do. A firm is not permitted to engage in any activities that are not included in its object clause.

A corporation could need to amend its business activity under the Memorandum of Agreement (MoA) or take on new initiatives due to expansion or strategic changes. With the permission of the Ministry and the assent of the shareholders, the object clause of the Memorandum of Agreement may be changed.

Why change the business objective?

New Activities to be undertaken

The primary rationale for modifying the business objective is the addition of new activities. This modification is supported by the vertical or horizontal growth of the activities, which were not specified during the company's incorporation. Consequently, before engaging in these activities, the business must undertake the modification of its business activity.

Takeover of the company

A corporation is frequently taken over by another firm solely for the purpose of leveraging its market value. The goals of the acquired company must be updated as needed to steer the business in the right direction. Depending on the situation, these goals may need to be adjusted before or after the takeover.

Remove abandoned activities

Anybody can have access to the company's memorandum and refer to it before entering into a contract. Thus, even after eliminating the tasks the firm has given up on, it is important to ensure that the objectives are updated with the Ministry.

Current activities are banned or prohibited

Changes in government policy could have an immediate impact on the business and how it operates. An item must be deleted from the Memorandum of Agreement (MoA) or altered entirely if a company's operations are deemed to be forbidden or restricted.

A LIST OF DOCUMENTS

Documents necessary to modify the Object Clause of the MoA

MoA & AoA

An updated copy of the company's AoA and MoA

Digital Signature Certificate

DSC to be supplied from one of the approved directors

Detail of change

Information on the suggested activity change

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Process of change in object clause

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Day 4 - 5

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Frequently Asked Questions

  • Make sure the new object encompasses all the activities that are related to the primary object. Furthermore, the name must accurately describe the object even after it has changed; otherwise, the RoC may order a name change.
  • Within 30 days after receiving the approval of shareholders (i.e., the general meeting), an application to update business activity is filed. It should be mentioned that permission is sought before engaging in any activities.
  • It won’t go into effect until the RoC has approved the submitted application. The company may only proceed with updated actions upon approval.
  • Indeed, in order to reflect the change in the company purpose, the object clause in the memorandum needs to be changed. When filing an application, the aforementioned modified MoA must also be submitted to RoC. The Registrar may, in accordance with the Companies Act of 2013, request the adoption of a new set of Memorandum and Articles whenever he thinks fit.
  • It’s not always necessary for the company to alter its name. The registrar may, however, order a name change for the business if it does not accurately reflect its new operations or any connections thereto.
  • Both processes can be completed at the same time if the company’s name change results from a change in its primary objective. However, because the government’s clearance is required, the time frame may change depending on how quickly RoC responds.
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