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Memorandum of Association of a company in India

The Memorandum of Association is a document that sets out the constitution of the company. It contains, amongst others, the objectives and the scope of activity of the company besides also defining the relationship of the company with the outside world.

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About this document

The Memorandum of Association is a document that sets out the constitution of the company. It contains, amongst others, the objectives and the scope of activity of the company besides also defining the relationship of the company with the outside world.

A company is formed by registering the Memorandum and Articles of Association with the State Registrar of Companies of the state in which the main office is to be located.

The Memorandum of Association and Articles of Association are the most important documents to be submitted to the Registrar of Companies (ROC) for the purpose of incorporation of a Company.

While the Memorandum specifies the objectives and purposes for which the Company has been formed, the Articles lay down the rules and regulations for achieving those objectives and purposes.

The Articles of Association contain the rules and regulations of the company for the management of its internal affairs.

The ROC gives the certificate of incorporation after the required documents are presented along with the requisite registration fee, which is scaled according to the share capital of the company, as stated in its Memorandum. A private company can commence business on receipt of its certificate of incorporation.

Anyone intending to start a Company and looking to have a detailed "Memorandum of Association" that provides the objects to be pursued by the Company upon incorporation in a comprehensive manner can use this document.

Application and features

  • comprehensive provisions to comply with Company law regulations; 
  • suitable for manufacture and sale of goods and adaptable for services including  information technology business; 
  • real law in plain and simple user friendly language; 
  • explanatory notes make it easier to understand the legalities involved.

Contents

  • main objects to be pursued by the Company upon incorporation; 
  • objects incidental or ancillary to the attainment of the main objects; 
  • other objects; 
  • appropriate legal provisions, warranties and exclusions.

Draftsman

This document has been drawn by Rakesh Taneja, unconnected with Net Lawman. Rakesh Taneja will welcome your contact for further legal help. There may be a charge for Rakesh Taneja services.

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