Briefly expalin moa and aoa as the document required for the registration of a company.
Dear student,
Memorandum of Association: It is the main document of the company. It defines the objectives of the company. It defines the limit's of company's activities. If enables outsiders to know the transactions which they can do with the company. A company cannot perform any activity which is not defined in the memorandum, if it do so, it will be ultra vires and void. It consists of following clauses:
Name Clause: It consists the name of the company.
Situation clause: It contains the address of the registered office of the company.
Object Clause: It states the object with which company is registered. Object clause is divided into main objects and other objects.
Liability clause: It states the liability of members.
Capital Clause: It states the total authorised capital with which company is registered.
Subscription or Association Clause: It contains the full name, address and occupation of subscribers to the memorandum.
Articles of Association: It contains the rules and regulations containing the internal management of the company. It defines relation between the company and its members and between members. It must not contain anything contrary to the memorandum and the companies act. Anything done beyond the powers stated in articles can be ratified. It contains rules and regulations regarding allotment, calls, forfeiture, transfer, transmission of shares, accounts and audit, dividend and reserves, alteration of share capital, voting rights, meetings and proceedings, etc.
Both AOA and MOA are charter documents of company and are required to be submitted to the Registrar at time of incorporation of Company
Regards
Memorandum of Association: It is the main document of the company. It defines the objectives of the company. It defines the limit's of company's activities. If enables outsiders to know the transactions which they can do with the company. A company cannot perform any activity which is not defined in the memorandum, if it do so, it will be ultra vires and void. It consists of following clauses:
Name Clause: It consists the name of the company.
Situation clause: It contains the address of the registered office of the company.
Object Clause: It states the object with which company is registered. Object clause is divided into main objects and other objects.
Liability clause: It states the liability of members.
Capital Clause: It states the total authorised capital with which company is registered.
Subscription or Association Clause: It contains the full name, address and occupation of subscribers to the memorandum.
Articles of Association: It contains the rules and regulations containing the internal management of the company. It defines relation between the company and its members and between members. It must not contain anything contrary to the memorandum and the companies act. Anything done beyond the powers stated in articles can be ratified. It contains rules and regulations regarding allotment, calls, forfeiture, transfer, transmission of shares, accounts and audit, dividend and reserves, alteration of share capital, voting rights, meetings and proceedings, etc.
Both AOA and MOA are charter documents of company and are required to be submitted to the Registrar at time of incorporation of Company
Regards