Sunday, 11 December 2016
Defination of memorandum of association
Definition of Memorandum of Association
Memorandum of Association (MOA) is the supreme public document which contains all those information that are required for the company at the time of incorporation. It can also be said that a company cannot be incorporated without memorandum. At the time of registration of the company, it needs to be registered with the ROC (Registrar of Companies). It contains the objects, powers, and scope of the company, beyond which a company is not allowed to work, i.e. it limits the range of activities of the company.
Any person who deals with the company like shareholders, creditors, investors, etc. is presumed to have read the company, i.e. they must know the company’s objects and its area of operations. The Memorandum is also known as the charter of the company. There are six conditions of the Memorandum:
Name Clause – Any company cannot register with a name which CG may think unfit and also with a name that too nearly resembles with the name of any other company.
Situation Clause – Every company must specify the name of the state in which the registered office of the company is located.
Object Clause – Main objects and auxiliary objects of the company.
Liability Clause – Details regarding the liabilities of the members of the company.
Capital Clause – The total capital of the company.
Subscription Clause – Details of subscribers, shares taken by them,
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incorporation or partnership agreements. Registration requirements vary by jurisdiction, but commonly involve completing forms, paying fees, and adhering to regulatory guidelines. Once registered, the company gains legal recognition, allowing it to conduct business activities within the designated jurisdiction. Unlock the full potential of Register a company by clicking here to access our exclusive content, including how-to guides, FAQs, and customer testimonials.
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