The Memorandum of Association of Real Estate Company is a crucial incorporation document required when establishing a real estate company in Malaysia. It must comply with the Companies Act 2016 and various real estate-specific regulations. This document is necessary when incorporating a new real estate company or modifying an existing company's constitutional framework to engage in real estate activities. It contains essential information about the company's objectives, share capital, liability limitations, and governance structure, particularly focused on real estate operations. The document serves as a contract between the company and its shareholders, defining the scope of the company's activities in the Malaysian real estate market and establishing its relationship with stakeholders.
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1. Company Name and Registration: States the company's name and confirms it is incorporated under the Companies Act 2016
2. Registered Office: Specifies the location of the company's registered office in Malaysia
3. Objects of the Company: Details the specific real estate activities and business objectives the company will pursue
4. Powers of the Company: Outlines the legal powers of the company to conduct its business activities
5. Limitation of Liability: States that members' liability is limited to their share capital contribution
6. Share Capital: Details the authorized share capital and types of shares
7. Members' Rights and Obligations: Defines the basic rights and obligations of shareholders
8. Directors and Management: Establishes the basic framework for company management and director appointments
9. General Meetings: Sets out basic provisions for conducting company meetings
10. Accounts and Audit: Establishes requirements for maintaining accounts and conducting audits
1. Foreign Ownership Provisions: Include when the company anticipates or allows foreign shareholders, detailing specific restrictions and requirements
2. Property Development Activities: Add when the company plans to engage in property development, including specific provisions aligned with the Housing Development Act
3. Branch Offices: Include when the company plans to operate multiple offices across Malaysia
4. Special Share Classes: Add when creating different classes of shares with varying rights and privileges
5. Joint Venture Provisions: Include when the company is formed as part of a joint venture arrangement
6. Shariah Compliance: Add when the company wishes to operate in accordance with Islamic principles
1. Initial Subscribers: Details of the founding shareholders and their initial shareholdings
2. Share Capital Structure: Detailed breakdown of share classes, rights, and nominal values
3. First Directors: List of initial directors and their details
4. Property Assets: List of any initial property assets being transferred to the company
5. Business Activities: Detailed list of permitted real estate activities and services
6. Territorial Scope: Specific regions or states in Malaysia where the company intends to operate
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