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Is the memorandum of assosiation of a company is a public document?
Wiki User
∙ 14y ago
yes!
Wiki User
∙ 14y ago
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How many subscribers to memorandum should be there for public company?
7
What is memorandum of association and articles of association?
A constitutional document of a registered company that must be drawn up by the person(s) wishing to set it up. Under the Companies Act 1985 certain compulsory clauses must be inserted into the memorandum. These clauses deal with and outline the company's identity (names clause); its registered address (registered office clause); the amount of its authorized share capital (capital clause); the purpose(s) for which the company has been formed (objects clause); and (if applicable) whether it is a limited company or a public company. The Companies Act 1985 contains specimen examples of such clauses for different types of company. The memorandum is said to be the 'superior constitutional document' of the company; in the event of a conflict between it and the articles of association, the memorandum prevails.----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------MEMORANDUM OF ASSOCIATION AND ARTICLES OF AS SOCIATIONThe Memorandum of Association and the Articles of Association are two important basic documents of a company, which together form the constitution of a Company. Both serve different functions and purposes and therefore, are important for different classes of people, who deal with the company. These two documents lay down the boundary within which the Company can operate.The Memorandum of Association, often simply called the Memorandum, is also called the Charter of a Company and is useful to investors to know what are the objectives of the company, amount of authorized share capital, whether the liability of the members is limited or not, how the company invests the money and utilize it, how it will work according to objectives incorporated in it, etc. It is the document that is required to be filed with the Registrar of Companies for incorporating a company. This document defines the relationship between the company and the outsiders. Anything done ultra vires the Memorandum (i.e., beyond the legal capacity) is void against the company. Subsequently, it cannot be ratified even by the share holders at a General Body meeting. The Memorandum is a public document and can be inspected by any one at any time, usually at the public office, - the Registrar of Companies - where it is lodged.The Articles of Association of a company or simply the Articles contains rules and regulations, which govern the internal management of the Company. The Article of Association is subordinate to the Memorandum. Therefore, any provisions of the Articles which go against or beyond the provisions of Memorandum are null and void. The Articles of a company contains the organization and its control, issue of shares, voting rights of different classes of share holders, Director's powers, the appointment of directors, the director's meetings, the quorum and percentage of vote, transferability of shares, the dividend policy, winding up, etc. The Articles is binding not only on the existing members, but also on the future members who may join in future. The Article binds the company and its members as soon as they sign the document, as it is a contract between the company and its members. Just like a Company has certain obligations towards the members, so also members have certain rights and duties to perform towards the company for smooth functioning of the company.M.J. SUBRAMANYAM, XCHANGING, MUMBAI
Differentiate your views on memorandum of association and articles of association?
1) MoA:It is along with the application of starting of a company.I think it confines & defines the objective of a company.MoA is also called Charter of a Company.The main aim of MoA is to let the investors know where their money is invested.It has 2 objectives; Main Objective & Subsidiary Objectives.MoA has 6 clauses:@ The Name Clause@ The Registered Office Clause@ The Object Clause@ The capital Clause@ The Liability Clause@ The Association Clause.2) AoA:It is internal management of the company.It shows what type of power / responsibilities / authority the investors have..Its by laws that governs management of internal affairs defines duties / rights / powers / number of directors of the company.It also show that what is mode & form in which business is to be carried out subordinating to MoA & can not supersede object set by MoA.-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------MEMORANDUM OF ASSOCIATION AND ARTICLES OF AS SOCIATIONThe Memorandum of Association and the Articles of Association are two important basic documents of a company, which together form the constitution of a Company. Both serve different functions and purposes and therefore, are important for different classes of people, who deal with the company. These two documents lay down the boundary within which the Company can operate.The Memorandum of Association, often simply called the Memorandum, is also called the Charter of a Company and is useful to investors to know what are the objectives of the company, amount of authorized share capital, whether the liability of the members is limited or not, how the company invests the money and utilize it, how it will work according to objectives incorporated in it, etc. It is the document that is required to be filed with the Registrar of Companies for incorporating a company. This document defines the relationship between the company and the outsiders. Anything done ultra vires the Memorandum (i.e., beyond the legal capacity) is void against the company. Subsequently, it cannot be ratified even by the share holders at a General Body meeting. The Memorandum is a public document and can be inspected by any one at any time, usually at the public office, - the Registrar of Companies - where it is lodged.The Articles of Association of a company or simply the Articles contains rules and regulations, which govern the internal management of the Company. The Article of Association is subordinate to the Memorandum. Therefore, any provisions of the Articles which go against or beyond the provisions of Memorandum are null and void. The Articles of a company contains the organization and its control, issue of shares, voting rights of different classes of share holders, Director's powers, the appointment of directors, the director's meetings, the quorum and percentage of vote, transferability of shares, the dividend policy, winding up, etc. The Articles is binding not only on the existing members, but also on the future members who may join in future. The Article binds the company and its members as soon as they sign the document, as it is a contract between the company and its members. Just like a Company has certain obligations towards the members, so also members have certain rights and duties to perform towards the company for smooth functioning of the company.M.J. SUBRAMANYAM, XCHANGING, MUMBAI
What is the relationship between Memorandum of association and Article of association?
memorandum of association contains fundamental conditions. besides, the company is allowed to be incorporated. the purpose of condition is for the benefit of creditors, and the outside public, as well as shareholder. nevertheless, in article of association there ere the internal regulations of the company.
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What has the author Eyre Hutson written?
Eyre Hutson has written: 'Memorandum by the Governor on the report of the Retrenchment Committee' -- subject(s): Finance, Public, Public Finance
