Section 14 of the Companies Act, 2013
Section 14 of the Companies Act, 2013 deals with Alteration of Articles of Association (AOA) of a company.
Here is the provision in detail:
Section 14 – Alteration of Articles
By Special Resolution:
A company may, by passing a special resolution, alter its articles, subject to the provisions of this Act and the conditions contained in the memorandum.
Conversion of Company:
If the alteration involves the conversion of a private company into a public company, or a public company into a private company, then:
Approval of the Central Government is required (earlier it was Tribunal; now Central Government, as per amendments).
The application for such conversion must be filed with the Registrar in the prescribed form.
The approval, if granted, must also be filed with the Registrar, and only then the change takes effect.
Filing Requirement:
Every alteration of the articles and the approval from the Central Government (if required) shall be filed with the Registrar within the prescribed time and in the prescribed manner.
Key Points:
Articles can be altered only through a special resolution.
Conversion between public and private company types requires Central Government approval.
Alterations become effective only after filing with the Registrar of Companies (RoC).
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