MOA/AOA Formats Updated Guidelines for Company Registration in India (2025)

🏁 1. Introduction

When registering a new company in India, two essential legal documents must be submitted: the MOA (Memorandum of Association) and the AOA (Articles of Association). These define the company’s scope of operations, internal rules, and legal structure.

They are mandatory under the Companies Act, 2013 and play a pivotal role during incorporation via SPICe+ forms on the MCA portal.

🧾 2. Types of Licenses Offered

While MOA/AOA formats are not licenses, they are mandatory for incorporation, which leads to:

• 📌 Private Limited Company (Pvt Ltd)
• 📌 Limited Liability Partnership (LLP)
• 📌 One Person Company (OPC)
• 📌 Section 8 NGO Company
• 📌 Producer/Nidhi Companies

Each of these entities has specific MOA & AOA formats depending on business type, capital structure, and regulatory requirements.

👤 3. Who Needs These Services?

You’ll need MOA/AOA preparation if you are:

• A startup founder registering a new company
• A legal consultant helping businesses incorporate
• A business planning to amend its objectives or structure
• An NGO applying under Section 8
• A company restructuring its shareholding pattern or board rights

🏢 4. Why Choose a License Registration Service Provider?

While templates are available online, wrongly drafted MOA/AOA is the #1 reason for rejection of company incorporation.

A professional ensures:

• 📌 Object Clause is aligned with MCA rules
• 📌 Rights, duties & roles are clearly written
• 📌 Templates are tailored to the business type
• 📌 Accurate formatting & e-signatures for SPICe+
• 📌 No copy-paste errors that trigger MCA rejections

📝 5. Registration Process

MOA and AOA are part of the SPICe+ Part B form, submitted to the Ministry of Corporate Affairs. Here’s how:

Steps:

1. Select appropriate Company Structure (Pvt Ltd, OPC, etc.)
2. Draft MOA & AOA using Form INC-33 & INC-34
3. Attach to SPICe+ Part B along with other documents
4. File using MCA portal
5. Wait for approval from Registrar of Companies (RoC)

✍️ MOA & AOA can be digitally signed using DSC (Digital Signature Certificate) of the directors/subscribers.

📂 6. Required Documents

• PAN & Aadhaar of subscribers/directors
• Business address proof
• Utility bill (not older than 2 months)
• DIN (Director Identification Number)
• Signed copy of MOA (INC-33) and AOA (INC-34)
• Board resolution (in case of amendments)

✅ Note: LLPs use LLP Agreement instead of MOA/AOA but principles are similar.

💸 7. Cost Involved

💡 Add-on services like trademark or GST registration may be offered at bundled discounts.

⌛ 8. Time Taken

🚫 9. Common Mistakes to Avoid

❌ Using vague or unrelated object clauses
❌ Not aligning shareholding clauses in AOA
❌ Copying outdated formats from pre-Companies Act 2013
❌ Submitting without director DSCs
❌ Forgetting to update new SPICe+ 2025 fields

🎯 Case Study (2025): A startup in Hyderabad got delayed 7 days due to a mismatch in share clause format. After switching to a professional service, they got incorporation in 48 hours.

📞 10. Call-to-Action (CTA)

Let us help you with legally compliant, MCA-approved MOA & AOA drafting.

📧 Email: opriyatrendingpvtltd@gmail.com
📲 WhatsApp: +91 7588756518
🌐 Website: www.opriyatrending.in

We handle everything from company name approval to post-incorporation compliance.

❓ 11. FAQs

Q1. Can I use a downloaded format of MOA/AOA from the internet?
✔️ Not recommended. Use customized templates based on your business needs.

Q2. Can I modify MOA after incorporation?
✔️ Yes, but it requires special resolution and RoC approval.

Q3. What if the MCA rejects my format?
✔️ You’ll get one chance to revise or resubmit. After that, a fresh filing is needed.

Q4. Is there a difference in MOA for Pvt Ltd vs LLP?
✔️ LLPs use a “Partnership Agreement” but conceptually similar to AOA.

Q5. How can I get a free MOA/AOA format?
✔️ We provide downloadable templates on request. Contact us via email/WhatsApp.