(m)IKE-Assocations

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J. Fackeldey

living the IKE-A-brand?

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(m) IKE -A ssociations just for the :-) of it jacqueline fackeldey november 2007

jacqueline @ fackeldeyfinds.com www.fackeldeyfinds.com

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www.seribangash.com A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA: Contents of Memorandum of Association: Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company. https://seribangash.com/article-of-association-is-legal-doc-of-company/ Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent. Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause. www.seribangash.com Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up. https://seribangash.com/promotors-is-person-conceived-formation-company/ Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value. Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA. Importance of Memorandum of Association: Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process. Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations. Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability. External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers. https://seribangash.com/difference-public-and-private-company-law/ Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void. Amendment of MOA: While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder

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www.seribangash.com An Article of Association is a legal document that contains the rules, regulations, and guidelines for the internal management and operation of a company. It is one of the two key documents along with the Memorandum of Association that forms the company's constitution, outlining its structure and objectives. While the Memorandum of Association defines the company's external objectives and powers, the Article of Association deals with its internal affairs. https://seribangash.com/public-private-company-difference/ Here's a detailed note on the Article of Association: Contents: The Article of Association typically includes provisions regarding the rights and duties of shareholders, the appointment and removal of directors, the conduct of board and general meetings, the distribution of dividends, the issuance and transfer of shares, borrowing powers of the company, and any other matters relating to the administration and management of the company. Flexibility: Unlike the Memorandum of Association, which is relatively fixed and requires formal procedures to amend, the Article of Association can be amended more easily by passing a special resolution in a general meeting of shareholders. This flexibility allows companies to adapt their internal rules according to changing circumstances and requirements. https://seribangash.com/public-private-company-difference/ Standard Provisions: While companies have the flexibility to customize their Articles to suit their specific needs, certain standard provisions are commonly included, such as: Shareholders' rights and obligations: Including voting rights, procedures for convening meetings, and methods for appointing proxies. Directors' powers and responsibilities: Specifying the powers of the board of directors, procedures for appointment, retirement, and removal of directors, and rules for board meetings. Dividend policies: Outlining the procedures for declaring and distributing dividends to shareholders. Transfer of shares: Stipulating the process for transferring shares, including any restrictions or pre-emption rights. Borrowing powers: Defining the limits and conditions under which the company can borrow money. https://seribangash.com/public-private-company-difference/ Winding up procedures: Describing the procedures for voluntary or involuntary winding up of the company. Legal Requirement: In most jurisdictions, companies are required to have Articles of Association as part of their incorporation documents. These Articles must comply with the laws and regulations of the jurisdiction in which the company is registered. Public Accessibility: While the Memorandum of Association is a public document that anyone can access, the Article of Association is often kept as an internal document and may not be available for public inspection. Binding Nature: The provisions contained in the Article of Association are binding on the company, its shareholders, directors, and other officers.

Constitution of Company Article of Association