The Memorandum of Society is a crucial legal document required when establishing a society in Malaysia. It must comply with the Companies Act 2016 and Societies Act 1966, serving as the foundation for the society's legal existence and operations. This document is necessary when founding any formal society, whether for charitable, educational, religious, professional, or social purposes. The Memorandum outlines essential aspects such as the society's name, objectives, registered address, membership structure, and governance framework. It provides legal protection to members and officers while ensuring regulatory compliance within the Malaysian legal system. The document must be filed with the Registrar of Societies and becomes a matter of public record, binding all current and future members to its provisions.
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1. Name Clause: States the official name of the society
2. Registered Office: Specifies the registered address of the society in Malaysia
3. Objects Clause: Details the primary purposes and objectives of the society
4. Limited Liability: Declaration that members' liability is limited (if applicable)
5. Membership: Defines categories of membership and qualification criteria
6. Capital Structure: Details of the society's capital structure if applicable
7. Governing Body: Structure and composition of the managing committee or board
8. General Meetings: Rules and procedures for conducting general meetings
9. Financial Provisions: Rules regarding financial management and accounting
10. Dissolution: Procedures and rules for dissolving the society
1. Religious Activities: Special provisions for religious societies, including compliance with religious laws
2. Educational Functions: Specific provisions for societies focused on educational purposes
3. Investment Powers: Detailed provisions about investment capabilities and limitations
4. International Operations: Provisions for societies operating internationally
5. Charitable Status: Special provisions required for societies seeking charitable status
6. Branch Establishments: Rules for establishing and managing society branches
1. Schedule 1: Membership Categories: Detailed breakdown of membership types, fees, and rights
2. Schedule 2: Election Procedures: Detailed procedures for electing governing body members
3. Schedule 3: Meeting Procedures: Specific rules and procedures for different types of meetings
4. Schedule 4: Financial Rules: Detailed financial management procedures and controls
5. Schedule 5: Code of Conduct: Detailed code of conduct for members and officials
6. Appendix A: Forms: Standard forms for society operations (membership application, etc.)
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