Incorporation Of New Company under companies act 2013 - Drafting of Memorandum of Association

Posted on 28-03-2016        By ADMIN

STEP-5  Drafting of Memorandum of Association
Incorporation Of New Company under companies act 2013 -   Drafting of Memorandum of Association

5. Drafting of Memorandum of Association (MoA) -

The MoA is the Constitution ofthe Company which must contain all the fundamental information of the Company. MoAdefine the relationship of the Company with its shareholder. Therefore, it isimportant to draft the MoA very carefully with properly incorporating Clausescarefully.

Drafting of Memorandum must be done in which:
· Name of the Company lasts with word “Limited” in case of a public limited orthe last words “Private Limited” in case of a private limited company.
· State in which the registered office of the company is to be situated.
· Object of the company for which it is proposed.
· Liabilities of the members of the company Limited/Unlimited.
· Mention the amount of share capital in case of company having a sharecapital.
· In case of the One Person Company the name of the person who in the event ofdeath of the subscriber shall become the member of the company.

According to Section-4(6) of The Companies Act, 2013 MoA shall be in respectiveform as prescribed in Table A, B, C, D and E of Schedule-I as may beapplicable.

Comment :