Monday, June 15, 2015

MEMORANDUM OF ASSOCIATION

                                                         MEMORANDUM OF ASSOCIATION
           
              According to companies act 2(56) of the companies act 2013 “MEMORANDUM” means the memorandum of association of a company as originally framed and altered from time to time in pursuance of any provision of the company law.
             
            Thus the memorandum of association is a document which sets out the constitution of a company. It defines the scope of the company’s activities and its relation with the outside world.

FORM OF MEMORANDUM OF ASSOCIATION
                                                                                         Sec 4(6) of the company’s act 2013 provides that the memorandum of association should be in any one of the forms specified in following tables:
1.       The Form in table A is applicable in the case of companies limited by shares.
2.       The Form in tables B is applicable to companies limited by guarantee not having a share capital.
3.       The Form in table C is applicable to the companies limited by guarantee having a share capital.
4.       The From in table D is applicable to unlimited companies not having a share capital.
5.       The Form in table E is applicable to unlimited companies having a share capital.

CONTENT S OF MEMORANDUM
                                                                As per sec 4(1), the memorandum of a limited company must state the following:
1.       NAME CLAUSE.
2.       SITUATION CLAUSE.
3.       OBJECT CLAUSE.
4.       LIABILITY CLAUSE.
5.       CAPITAL CLAUSE.

6.       SUBSCRIPTION CLAUSE (STATED IN SCHEDULE 1).

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