The Memorandum of Association and Bye Laws is a mandatory document required for incorporating any company in India under the Companies Act, 2013. This document is essential during the company formation process and serves as the company's constitution throughout its existence. It contains critical information about the company's objectives, structure, and operations, defining the relationship between the company and its stakeholders. The document is filed with the Registrar of Companies and becomes a public document, binding the company and its members. The Memorandum section defines the company's scope and external relations, while the Bye Laws govern internal management and administration. It must comply with Indian corporate law requirements and can be amended through specified procedures when necessary.
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1. Preamble: Introduction stating the document type and company name
2. Name Clause: States the name of the company and provisions regarding name change
3. Registered Office Clause: Specifies the state where registered office is/will be situated
4. Objects Clause: Details the main objects, ancillary objects, and other objects of the company
5. Liability Clause: States whether liability of members is limited or unlimited
6. Capital Clause: Details the authorized share capital and its division
7. Subscription Clause: Contains details of subscribers who wish to be formed into a company
8. General Management and Administration: Basic provisions for company management
9. Board of Directors: Provisions regarding appointment, powers, and duties of directors
10. Meetings: Rules for conducting board and general meetings
11. Share Capital and Rights: Detailed provisions regarding share capital, transfer, and shareholders' rights
12. Accounts and Audit: Provisions for maintaining accounts and conducting audits
1. Special Rights to Founders: Used when founders are to be given special rights or privileges
2. Preference Shares: Required when company plans to issue preference shares
3. Foreign Investment Provisions: Needed when foreign investment is anticipated or allowed
4. Special Borrowing Powers: For companies requiring extensive borrowing capabilities
5. Corporate Social Responsibility: Mandatory for companies meeting certain financial thresholds
6. Special Resolution Matters: List of matters requiring special resolution, if any beyond statutory requirements
7. Entrenchment Provisions: Special provisions that can be altered only with more stringent requirements
1. Schedule I - Table of Share Capital: Detailed breakdown of share capital structure and shareholding pattern
2. Schedule II - Initial Subscribers: Details of initial subscribers including their shareholding and information
3. Schedule III - Forms of Share Certificates: Specimen of share certificates to be issued by the company
4. Schedule IV - Common Seal Format: Design and format of the company's common seal if adopted
5. Schedule V - Board Resolution Templates: Standard formats for common board resolutions
6. Appendix A - Power of Attorney Format: Standard format for powers of attorney if required
7. Appendix B - Proxy Form: Format for appointment of proxies for meetings
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