Saturday, 20 June 2020

Memorandum of Association

As per Section-4 of the Companies Act,2013, the memorandum of a business enterprise shall country the following:-
Name Clause - The Name Clause states the title of the organisation with the ultimate word-
(i) "Limited" in the case of Public Limited Company, or
(ii) "Private Limited" in the case of Private Limited Company.
Provided that nothing in this clause shall follow to a enterprise registered U/S 8.

(The identify shall no longer be equal with or resemble too almost to the identify of any current registered organization or it shall be as such which is now not Undesirable in the opinion of the Central Government)
Domicile Clause - The Domicil clause states the important points of the State(Location) in which the registered workplace of the enterprise is to be situated.
Object Clause - This clause of the memorandum states the object (purpose) of the enterprise for which the business enterprise is to be included abd any rely fundamental in furtherance thereof.
Liability Clause - Under Liability Clause of the memorandum the legal responsibility of the participants of the company, whether or not constrained or limitless and additionally state-
(i) In case of a employer constrained by means of shares, that the legal responsibility of its contributors is constrained to the quantity unpaid (if any), on the shares held by means of them, and
(ii) In case of a corporation confined by using guarantee, the legal responsibility of its contributors is constrained to the quantity up to which every member undertakes to make a contribution to the property of the organization in the tournament of its being wound-up and the cost, expenses and costs of winding-up.
Capital Clause - As per this clause in case the enterprise having a share capital the quantity of share capital with which the business enterprise is to be registered and the division thereof into shares.
Subscription Clause - This clause country the quantity of shares every subscriber of the memorandum intends to take. The variety of shares which they intends to take shall mirror contrary to their names.
Nominee Clause - This clause is relevant solely in case of a One Person Company (OPC), which shows the identify of the individual who, in the tournament of dying of the subscriber, shall grow to be the member of the company. 

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