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Memorandum/Article of Association are important legal documents for any corporation. What's their importance?

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Question added by Mohammad Ashfaq , Financial Controller , Union COOP
Date Posted: 2013/05/15
Abo El Hassan El-Tantawy
by Abo El Hassan El-Tantawy , مدير ادارة الموارد البشرية , أساس للخدمات التعلمية

Memorandum of association is the basic document of a joint stock company.
It is known as the charter ofthe company.
Memorandum of association sets out the limits outside which the company cannot go.The main purpose of the memorandum of association is to enable shareholders, creditors and all those who deal with the company to know what its permitted range of enterprise.
The main clauses of the memorandum of association of a company limited by shares which have been described in sections 16, 17 and 18 of the companies' ordinances of Pakistan 1984.
Memorandum of association clauses are: 1.
Name clause.
This clause states the name of the company.
A company selects any name but it should not resemble the name of any other company.
The company ordinance of Pakistan 1984 provides that the name of the company must end with the word "limited".
2.
Situation clause.
It is also known as domicile clause.
The company is required to show the name of the province in which the office is situated.
3.
Object clause.
This clause is the essence of the memorandum of association.
It clearly defines the nature of company.
4.
Liability clause.
This clause of memorandum of association contains a declaration that the liability of the members of the company is limited to the extent of the value of the share purchase by them.
5.
Capital clause.
A company having a share capital shall state the total maximum amount of share capital with which it is registered.
6.
Association and subscription clauses.
This clause contains a declaration by the subscribers that are desirous of forming a company and agree to have number of the shares written against their respective names.

Amira El Sadek
by Amira El Sadek , Sales Manager , Real Estate Development

document legal document is all that reliable, due to the tightening of order and install it and give it status check and make sure the one hand, or entrusted to deposit an intellectual or historical assist in scientific research, or reveal the essence of the reality of what, or describe the property or confirm the amount ....
contract between two or more are evidence of the company's existence and exercised its ..it is a formal legal record includes all company data and information ..
activities undertaken by the company "does not exist for the company without documents," all of which are issued by government agencies Official

Amal Mandhora
by Amal Mandhora , 'Temporary Assignment' , Hamad Medical Corporation

Memorandum of Association defines the scope, powers and objects of a limited liability company.
The Memorandum of Association is important as any transactions deemed to be outside the objectives are not legally enforceable.
The Articles of Association set out the rules and regulations by which the internal affairs of the company are governed.
The Articles of Association is a long document set out in a specific manner covering items such as the issue and allotment of shares and capital, procedures to be adopted at meetings, borrowing powers and precise details relaying to the office of director.
It is also normal for the Articles of Association to state rules on the appointment, voting and removal of directors.
Both play an essential role in any corporation.

Muhammad Afaq
by Muhammad Afaq , SENIOR FINANCIAL ACCOUNTANT , United Eddy Company (United Yousef M. Naghi Group)

MOA and AOA are two important legal documents which are drafted at the time of incorporation of a company (private/public).
Most MOA is independent of AOA, while the later one reflects the picture of the MOA in detail.
Both documents must be drafted from expert ones or firms.
MOA consist of moslty five clauses which are 1.
Company Name 2.Business of the company 3.
Address 4.
Paid up share Capital 5.
The Board of Directors: 3 or 7 While AOA give the detail information of the company and its operations, administration, direction for policy etc (Best Of Luck)

Shobha Jaison
by Shobha Jaison , Senior Manager- Human Development , Bayt.com

The memorandum of Association is an external document that defines the scope of a company's activities, the location and the capital value.
Whereas the Articles of Association are the company's internal documents.
A company cannot be incorporated without both.

Malekulashtar Kheyroolla
by Malekulashtar Kheyroolla , Practice Director , Information Asset LLC

Memorandum of Association is important from the perspective of establishing a company as it outlines the share capital or an Agreement among the first subscribers of a company.

Khaja Moinuddin
by Khaja Moinuddin , Group Assistant Financial Controller , Confidential

In corporate governance, a company's articles of association (called articles of incorporation in some jurisdictions) is a document which, along with the memorandum of association (in cases where the memorandum exists) form the company's constitution, defines the responsibilities of the directors, the kind of business to be undertaken, and the means by which the shareholders exert control over the board of directors.
A company is an incorporated body so there should be some rules and regulations formed for the management of its internal affairs and conduct of its business as well as the relation between the members and the company.
Moreover, the rights and duties of its members and the company are to be recorded.
This is why Articles of Association are necessary.
The Articles of Association is a document that contains the purpose of the company as well as the duties and responsibilities of its members defined and recorded clearly.
It is an important document which needs to be filed with the Registrar of Companies.
The Objectives and the purpose of the Company are determined in advance by the shareholders and the Memorandum of Association (MOA),if separate, which denotes the name of the Company, its Head- Office, street address, and (founding)Directors and the main purposes of the Company - for public access.
It cannot be changed except at an AGM or Extraordinary General Meeting (EGM) and statutory allowance.
The MOA is generally filed with a Registrar of Companies who is an appointee of the Government of the country.
For their assurance, the shareholders are permitted to elect an Auditor at each AGM.
There can be Internal Auditors (employees) as well as an External Auditor.
It has much importance because the rights of the members of the company among themselves, and the manner in which the business of the company shall be conducted.

Muhammadh Abubacker
by Muhammadh Abubacker , Auditor & Team Leader , Al-Dahabi Audit & Consultancy Services

Articles of Association or AOA document that specifies the regulations for a company's operations.
The articles of association define the company's purpose and lays out how tasks are to be accomplished within the organization, including the process for appointing directors and how financial records will be handled.
Memorandum of Association or MOA of a company is its charter & defines the limitations of the powers of a company.
It contains the fundamental condition upon which alone the company is allowed to be incorporated.
In simple terms Articles of Association explains the internal functions / management.
and Memorandum of Association explains the relationship of organisation with the outsiders.

Abdulmahmoud Al-amin
by Abdulmahmoud Al-amin , Legal Dept.MG , Al-amthal Leasing & Finance Co.

Within memorandum of Association the corporation can bulid and protect the rights of share holders and customers

sunil kumar vayakkal
by sunil kumar vayakkal , Senior Associate Lawyer , Nair & Nair Associates, Saket, New

The both the documents are rendering legal entity to the company as an organisation having sperate entity from its shareholders, In other words the law sees and takes the company as association of person having legal entity.  Thus the MoA is the constitution of it wherein its limt and objects were defined and incorporated.  Secondly the AOA is the documents which regulates the internal governing system, in other provides how the company will be ruled by way of meeting and what are the obligations and power of every office bearers and regulations thereof. and how the meeting summoned and how the decision will be taken etc.., Thus both the are vital documents , are paramount which gives advantage of corporate veil to the company.

Edel Fuchaka
by Edel Fuchaka , Legal Services Manager , Coast Development Authority

They are important documents as they set out the details of the directors of the company, their shareholding and how the business of the company will be conducted. They also state the purpose for which the company has been incorporated.

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