The Memorandum and Articles of Association of General Trading Company is a mandatory constitutional document required for company incorporation in Malaysia under the Companies Act 2016. This document serves as the company's foundation, establishing its legal existence and defining both its external relationships and internal governance structure. It is required when incorporating a new trading company or when an existing company needs to update its constitutional documents to comply with current legislation. The document includes crucial information about the company's objectives, share capital structure, directors' powers, shareholders' rights, and corporate governance procedures. In Malaysia, this document must be filed with the Companies Commission of Malaysia (SSM) and serves as a public document that stakeholders can refer to for understanding the company's fundamental rules and regulations.
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1. Company Name and Status: States the company name and that it is incorporated under the Companies Act 2016
2. Registered Office: Specifies the location of the registered office in Malaysia
3. Objects and Powers: Details the business activities and powers of the company
4. Share Capital: Defines the structure and classes of shares
5. Members' Liability: States that liability of members is limited by shares
6. Directors: Outlines the appointment, removal, and powers of directors
7. Meetings: Procedures for general meetings and board meetings
8. Shares: Rules regarding share transfers, certificates, and rights
9. Dividends and Reserves: Provisions for dividend declaration and reserve funds
10. Accounts: Requirements for maintaining accounts and financial statements
1. Preference Shares: Used when the company wants to issue different classes of shares with special rights
2. Managing Director: Include when the company wants to appoint a managing director with special powers
3. Alternate Directors: Provisions for appointing alternate directors when needed
4. Executive Directors: Include when the company plans to have executive directors with specific roles
5. Secretary: Detailed provisions about company secretary roles if beyond statutory requirements
6. Borrowing Powers: Specific provisions about company's borrowing limits and procedures
7. Foreign Branch Offices: Include if company plans to establish offices outside Malaysia
1. Schedule 1: Share Capital Structure: Detailed breakdown of share classes and rights
2. Schedule 2: Directors' Powers: Comprehensive list of powers vested in directors
3. Schedule 3: Meeting Procedures: Detailed procedures for conducting various types of meetings
4. Schedule 4: Share Transfer Forms: Standard forms for share transfers
5. Schedule 5: Proxy Forms: Standard proxy forms for meetings
6. Schedule 6: Initial Subscribers: Details of the initial subscribers to the memorandum
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