MEMORANDUM of ASSOCIATION and ARTICLES of Sjvn Nic Form
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People also ask
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What is the memorandum of association and articles of association in company law?
The memorandum of association is the document that sets up the company and the articles of association set out how the company is run, governed and owned. The articles include the responsibilities and powers of the directors and the means by which the members exert control over the board of directors.
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What is the difference between articles of association and memorandum?
a 'memorandum of association' - a legal statement signed by all initial shareholders or guarantors agreeing to form the company. 'articles of association' - written rules about running the company agreed by the shareholders or guarantors, directors and the company secretary.
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What is the binding force of Memorandum of Association and article of association?
Once the Memorandum and the Articles of Association of a company are registered with the Registrar, both documents legally bind the company with its members. This binding effect is almost akin to a contract since it has much less force than a statute.
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Who is bound by articles of association?
The Articles are essential documents that set out a company's rules. They also set out how shares can be transferred and other fiduciary duties. The Articles are a binding legal document between a company's shareholders and directors.
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What is the binding force of memorandum of association and articles of association?
Binding force of memorandum and articles Section 36 of Companies Act states that when the memorandum and articles of association are registered it binds the company and the members the same way as if each member and the company have respectively signed the documents.
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What is the relationship between the Memorandum of Association and the articles of association?
MOA is a supreme legal document and subordinate to the Companies Act. AOA is subordinate to the MoA and the Companies Act. MOA is a dominant document that helps in the drafting of the AoA. Any provision in the AOA that contradicts the MoA is considered as null and void.
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