The Memorandum of Association of Restaurant Business is a mandatory legal document required when incorporating a restaurant business as a company in India under the Companies Act, 2013. This document is essential during the initial stages of company formation and must be filed with the Registrar of Companies. It contains crucial information about the company's identity, including its name, registered office location, business objectives specifically focused on restaurant operations, capital structure, and the nature of liability. The MOA serves as a public document that informs stakeholders about the company's scope of activities and limitations, ensuring transparency and legal compliance. It must comply with various Indian regulations, including food safety laws, health regulations, and local municipal requirements specific to restaurant businesses. The document is particularly important for securing licenses, opening bank accounts, and establishing relationships with vendors and investors.
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1. Name Clause: States the name of the company as approved by the Registrar of Companies
2. Registered Office Clause: Specifies the state where the registered office of the company will be situated
3. Objects Clause: Details the main objects, ancillary objects, and other objects of the restaurant business
4. Liability Clause: Declares the limited liability nature of the members
5. Capital Clause: States the authorized share capital of the company and its division into shares of fixed amount
6. Association Clause: Contains the declaration of association by the subscribers
7. Main Business Objects: Specific details about the restaurant business operations, including type of cuisine, services offered, and business model
8. Ancillary Business Objects: Supporting activities like catering, food delivery, merchandising, and related services
9. Subscription Clause: Details of the subscribers, including their names, addresses, and number of shares subscribed
1. Other Objects: Additional business activities not directly related to restaurant operations but which the company may undertake in the future
2. Foreign Investment Clause: Required if the company plans to accept foreign investment or have foreign shareholders
3. Joint Venture Provisions: Needed if the restaurant business is being established as a joint venture
4. Franchise Provisions: Required if the restaurant will operate as a franchise or plans to franchise in the future
5. Digital Business Objects: Specific provisions for online food delivery, app-based services, or digital operations
1. Schedule I - Details of Initial Subscribers: Complete information about the initial subscribers including their identification details, shareholding pattern, and signatures
2. Schedule II - Initial Directors: Details of the first directors of the company including their DIN, address, and contact information
3. Schedule III - Property Details: If any property is being brought into the company as initial investment, details of such property
4. Schedule IV - Intellectual Property: Details of any trademarks, patents, or other IP being transferred to the company
5. Schedule V - Special Rights: Any special rights or privileges attached to shares or shareholders
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