The Memorandum of Association of a Food and Beverage Company is a mandatory document required under Malaysian law when incorporating a new food and beverage business. This document must be filed with the Companies Commission of Malaysia (SSM) and serves as the company's constitutional foundation. It outlines essential elements such as the company's name, registered office, business objectives, share capital structure, and shareholder rights. The memorandum is particularly crucial in the F&B sector as it must address specific industry requirements, including provisions for food safety compliance, licensing, and potential halal certification. This document forms part of the company's constitution under the Companies Act 2016 and is fundamental for establishing the legal existence and operational scope of the business.
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1. Company Name: States the registered name of the company as approved by the Companies Commission of Malaysia (SSM)
2. Registered Office: Specifies the official registered address of the company in Malaysia
3. Objects of the Company: Details the business activities and purposes of the company, specifically focusing on food and beverage operations
4. Limited Liability: Declaration that the liability of members is limited
5. Share Capital: Details of the company's authorized share capital and types of shares
6. Rights of Shareholders: Defines the rights, privileges, and conditions attached to different classes of shares
7. General Meetings: Procedures for conducting general meetings and voting rights
8. Directors: Powers, duties, and responsibilities of directors
9. Company Secretary: Appointment and duties of the company secretary
10. Seal: Provisions regarding the company seal and its use
1. Halal Compliance: Section detailing commitment to halal standards and certification requirements, included if the company plans to serve halal food
2. Foreign Ownership: Special provisions related to foreign ownership and control, included if there are foreign shareholders
3. Franchising Provisions: Included if the company plans to operate as a franchise or develop a franchise system
4. Environmental Commitment: Special provisions regarding environmental sustainability and waste management
5. Digital Operations: Provisions for e-commerce and digital delivery platforms, if applicable
6. Special Share Rights: Additional share classes and rights, included if the company has complex share structures
1. Schedule 1: Share Capital Structure: Detailed breakdown of share classes, numbers, and nominal values
2. Schedule 2: Initial Subscribers: List of founding shareholders and their initial shareholdings
3. Schedule 3: Business Activities: Detailed list of specific food and beverage activities to be undertaken
4. Schedule 4: Board Regulations: Detailed procedures for board meetings and decision-making
5. Appendix A: Forms: Standard forms for share transfers and other corporate actions
6. Appendix B: Company Logo and Branding: Official company logos and branding guidelines
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