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MEMORANDUM OF ASSOCIATION

Courtesy/By: Deepshikha Thakur | 2020-12-26 19:25     Views : 220

A legal document prepared during the formation and registration of a limited liability company that defines the relationship of the company with the shareholders is called a memorandum of Association. A memorandum of Association is accessible to the public. An MOA has details of a company such as the companies name, the address of the registered office, names of the shareholders, and the distribution of the shares. a memorandum usually contains a name clause, registered office clause, object clause, liability clause, capital clause, and Association clause.

A company must draw the memorandum of Association in the form given in table A- E in Schedule I of the Companies Act, 2013 as per Section 4 of the same act.

Table A has a form for MOA Of a company that is limited by shares.

Table B provides for the form of end MOA for a company that is limited by guarantee and does not have a share capital.

 for a company that is limited by guarantee as well as have a share capital needs to draw a form given in table C.

Table D Provides a form for memorandum of Association of an unlimited company.

Table E Provide for MOA off an unlimited company And that company has share capital also.

The name clause under a Memorandum of Association should have the legal and recognize the name of the company. A company should not have any similar name or bear any similarities with ah name open already existing company. The name of the company must end with "limited" As it is a legal requirement for a limited liability company.

A summary of the main objectives for establishing the company must be returned in the objects clause of the memorandum of Association. The financial resources and the requirements for shareholding must also be mentioned. the objective must not contravene laws or public good.

The physical location of the registered office of the company Is required to be mentioned under the registered office clause of the memorandum of Association. All the company registers in the registered office and all the outgoing and incoming communication should be handled in the office.

The memorandum of association should have a liability clause that should state the extent to which the shareholders will be liable to the death obligations if a company is dissolved.

The company's authorized share capital must be mentioned in the capital clause of the memorandum of Association. The different categories of shares and the nominal value of the shares should also be mentioned in the same. The companies’ assets and their details are also required to be stated in the capital clause.

Whether the shareholders are bound by the emo am and are willing to associate with and the former company is confirmed through the Association clause stated under the memorandum of Association. A total of 7 members need to sign an MOA if they wish to form a public company and 2 or more members should sign for an MOA if they wish to form a private company. There should be a witness present when the members signed a memorandum of the Association.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.

Courtesy/By: Deepshikha Thakur | 2020-12-26 19:25