What is Memorandum of Association meaning?

A Memorandum of Association (MoA) represents the charter of the company. It is a legal document prepared during the formation and registration process of a company to define its relationship with shareholders and it specifies the objectives for which the company has been formed.

What is Memorandum of Association and explain its contents?

A memorandum of association contains a name clause, registered office clause, object (or objective clause), objects clause, liability clause, capital clause, and association clause. The MOA’s purpose is to explain the LLC’s relationship with its shareholders.

What is the main purpose of memorandum of association?

The main purpose of the memorandum of association of a company is to make its readers aware of its contents so as to avoid any kind of fraud or misinformation in the future by the company or by its directors or officers or employees or any other officer-who-is-in-default.

What is the difference between MOA and AOA?

The first difference between MOA and AOA while the MOA (Memorandum of Association) describes the powers and objects of the company, the AOA (Article of Association) defines its rules. The MOA is subordinate to the Companies Act, and the AOA (Articles of Association) is subordinate to the memorandum.

Is memorandum of association compulsory?

It is mandatory for every company to have a Memorandum of Association which defines the scope of its operations. Once prepared, the company cannot operate beyond the scope of the document.

Do all companies have a memorandum of association?

Every company must have a memorandum in place, they will all be in the same format and contain the same information. This includes: Company name.

How many memorandum of association are there?

It contains the names and addresses of the first subscribers. The subscribers to the Memorandum must take at least one share. The minimum number of members is two (2) in case of a private company, seven (7) in case of a public company and one (1) in case of One Person Company as per The Companies Act, 2013.

Can a company get registered without memorandum of association?

Conclusion: Memorandum of Association is a fundamental document for the formation of a company. Without memorandum, a company cannot be incorporated. The memorandum together with Articles of Association forms the constitution of the company.

What are the legal requirements of memorandum of association?

The following information is mandatory in an MOA:

Name Clause. For a public limited company, the name of the company must have the word ‘Limited’ as the last word.
Registered Office Clause.
Object Clause.
Liability Clause.
Capital Clause.
Association Clause.
For One-Person-Company.
A few things to remember.

Which company need not have memorandum of association?

A public company limited by shares may or may not have its own Articles of Association. As per Action 26 of Companies Act, it is not obligatory on the part of a public company limited by shares to prepare and register Articles of Association along with Memorandum of Association.

Is memorandum compulsory for every type of company?

It is mandatory for every company to print its Memorandum of Association and have it signed by each of its members. The address, occupation and shares held by each member of the company must also be mentioned in this charter. For the formation of a Private Limited Company, a minimum of 2 members are necessary.

How do I find MOA and AOA?

You can get a copy of your companies MOA and AOA using Get Certified Copy service of MCA. Select Document Category as Incorporation Documents and select Year of Filing i.e, Incorporation Year. Make a payment of fees and create a request for its certified copies. Yes.

How do I get a memorandum of association?

You need to file the memorandum of association with the registrar of the companies in order to get it incorporated. For this, it should be signed by at least 7 persons in the case of a public company and 2 persons in the case of a private company.

What are the causes of memorandum of association?

Memorandum of association must have the following clauses:

Name Clause: A Company is a legal entity.
Situation Clause: Memorandum of Association must state the name of the State in which the registered office of the company is to be situated.
Objects Clause:
Liability Clauses:
Capital Clause:
Association Clause:

Can Memorandum of Association be amended?

Yes, it is possible to call one meeting to alter both the Memorandum of Association and Articles of Association of a company. If the registered office of a company is shifted from one state to another, then the situation clause of the Memorandum of Association should be amended.

How do you amend a memorandum of association?

Procedure for Change of Memorandum of Association:

STEP – I: Convey Board Meeting of Directors: (As per section 173 and SS-1)
STEP –II: Held Board Meeting: (As per section 173 and SS-1)
STEP- III: Issue Notice of General Meeting: (Section 101)
EGM called at Shorter Notice.
STEP- IV: Hold General Meeting: (Section 101)