Memorandum of Association – MoA Format

An organization is created when a group of individuals band together to accomplish a common goal. This is normally for a commercial reason. Companies are typically created to benefit from their operations. A business must be incorporated by applying with the Registrar of Companies (ROC).

This submission must be accompanied by a variety of papers. The MoA [full form Memorandum of Association] is one of the most important papers that must be presented with the incorporation application.

What is MoA?

MOA full form – Memorandum of Association is a legal document that explains why the organization was founded. It establishes the company’s authority and the terms under which it works. It is a manual that includes all of a company’s laws and regulations for its interactions with the outside world.

Any business must have a Memorandum of Association that specifies the extent of its activities. The organization cannot work outside the limits of the document until it has been prepared. If the corporation goes beyond its authority, the activity would be deemed supra vires and therefore null.

It is the cornerstone upon which the business is built. The Memorandum of Association lays out the company’s entire organization.

The memorandum is open to the media. Thus, all that is expected of an individual who wishes to enter into contracts with the corporation is to pay the required fees to the Registrar of Companies and receive the Memorandum of Association. He will learn all of the company’s information from the Memorandum of Association.

It is the responsibility of everyone who does business with the firm to be aware of its memorandum.

MoA Format:

A memorandum may take any of the forms mentioned in Tables A, B, C, D, and E of Schedule 1 under Section 4(5) of the Companies Act. Because of the various types of businesses, the tables are of various types.

Table A – It applies to a corporation with a share capital.

Table B – It applies to a limited-by-guarantee corporation that does not have a share capital.

Table C – It applies to a company with a share capital that is protected by a guarantee.

Table D – It can be used by any unrestricted corporation that does not have a share capital.

Table E – It can be used by any unrestricted company with a share capital.

The company memorandum should be typed, counted, and broken down into chapters. It can also be signed by the company’s customers

Objectives in Registering MOA:

The Memorandum of Association is a crucial document that includes much of the company’s information. It controls the company’s interaction with its stakeholders. Section 3 of the Companies Act of 2013 states that a memorandum is required for the registration of a corporation.

1. Seven or more employees are expected in the case of a public company.
2. Two or more people are expected in the case of a private company.
3. Only one person is expected in the case of a one-person business.

Before registering the corporation with the Registrar, the involved parties may first agree to a memorandum.

As a result, a Memorandum of Association is required for company registration. According to Section 7(1)(a) of the Act, a company’s Memorandum of Association and Articles of Association must be properly signed by the subscribers and registered with the Registrar to be incorporated.

In addition to this, a memorandum contains other things. There are the following:

1. It helps shareholders to learn more about the business before purchasing stock. This aids shareholders in determining how much money they can put into the venture.
2. It informs all partners that are interested in collaborating with the firm in some way.

Clauses of the Memorandum of Association:

Contents of MOA

1. Name Clause
2. Registered Office Clause
3. Object Clause
4. Liability Clause
5. Capital Clause

Here, all five of the clauses are mentioned and explained below:

In the case of a public corporation, the term “Limited” should be added to the end of its name.

Within 30 days of the company’s incorporation or commencement, the company must notify the Registrar of Companies of the site of its registered office.

Main Objective – States the main business of the company

Incidental Objective – These are the objects that aren’t directly related to the company’s core goals.

Other objectives – Any other goals that the organization may achieve that aren’t covered in (a) and (b) above (b)

The members’ responsibility in a corporation limited by guarantee is limited by the amount each partner has agreed to pay.

This also illustrates how such a large sum of money is divided into a set number of shares.