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Understanding Business Objectives and Their Modification

The business objectives of a company are outlined in the main object clause of its Memorandum of Association (MoA). These objectives define the scope of the company’s core business activities and set the boundaries within which it is legally permitted to operate. A company is not allowed to engage in activities that fall outside of this defined scope.

However, with business expansion or strategic shifts, a company may need to pursue new ventures or revise its existing objectives. In such cases, the object clause in the MoA must be updated accordingly. This amendment requires the approval of the shareholders and must also be sanctioned by the Ministry of Corporate Affairs.

Reasons to Change Your Business Objectives

New Activities to be undertaken

The primary reason for changing a company’s business objectives is the addition of new activities. Such changes are often driven by vertical or horizontal expansion into areas not originally included at the time of incorporation. Therefore, before engaging in these new activities, the company must formally update its business objectives by amending the object clause of the Memorandum of Association.

Takeover of the company

Often, a company is acquired by another primarily for its established market value. Following such a takeover, the acquired company’s object clause may need to be updated to align with the future direction of the business. This change can be made either before or after the acquisition, depending on the specific requirements.

Remove abandoned activities

The company’s memorandum is publicly accessible and can be reviewed by anyone before entering into a contractual relationship. Therefore, it is important to ensure that the object clause is kept up to date with the Ministry, including the removal of any activities the company no longer intends to pursue.

Current activities are banned or prohibited

Government policies can change at any time, directly impacting a company and its operations. If any of the company’s activities become prohibited or banned, the corresponding objects must be removed or amended in the Memorandum of Association as necessary.

Documents Required for Changing the Object Clause of the Memorandum of Association (MoA)

MoA & AoA

A copy of latest amended MoA and AoA of the company

Digital Signature Certificate

DSC of one of the authorized director to be provided

Detail of change

Details of the proposed change in activities

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Process of change in object clause

Day 1

  • Consultancy and assistance for a change of the object
  • Collection of basic Information & documents

Day 2 - 3

Day 4 - 5

  • Preparation of application for change of business activity
  • Application filing for approval of MCA

Day 5 onwards

  • Government processing time

Explore Change in Principal Business Activity

Frequently Asked Questions

It is important to ensure that the new object clause includes all ancillary activities related to the main object. Additionally, the company’s name should accurately reflect the revised object; otherwise, the Registrar of Companies (RoC) may require a name change.
The application to update the business activity must be filed within 30 days of obtaining shareholders’ consent through a General Meeting. It is important to secure this approval before commencing the new activities.

The changes become effective only after the Registrar of Companies (RoC) approves the application. The company may undertake the updated activities only once this approval is received.

Yes, the object clause, which forms part of the Memorandum of Association (MoA), must be amended to reflect any change in the business objectives. The amended MoA should be filed with the Registrar of Companies (RoC) along with the application. If deemed necessary, the Registrar may require the company to adopt a new set of Memorandum and Articles of Association in accordance with the Companies Act, 2013.

A name change is not required in every case. However, if the current company name does not accurately reflect the new activities or their related aspects, the Registrar may require the company to change its name accordingly.

If the company’s name is changed due to an alteration in its main object, both processes can be carried out simultaneously. However, since government approval is required, the timeline may vary depending on the response time of the Registrar of Companies (RoC).

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