The Memorandum and Articles of Association for a Money Lending Company is essential when establishing a lending business in the United States. This document serves as the company's constitution, defining its purpose, structure, and operational framework. It's required for company registration and must address compliance with federal regulations such as the Truth in Lending Act, state-specific usury laws, and consumer protection requirements. The document is particularly crucial for demonstrating regulatory compliance to licensing authorities and establishing clear governance procedures for shareholders and directors.
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1. Company Name and Registration Details: Legal name, registration number, and registered office address
2. Definitions and Interpretation: Key terms used throughout the document and their meanings
3. Objects Clause: Primary and ancillary business objectives of the money lending company
4. Capital Structure: Details of authorized and issued share capital, types of shares
5. Board of Directors: Composition, appointment, removal, and powers of directors
6. Shareholders' Rights and Obligations: Voting rights, dividend rights, transfer of shares
7. General Meetings: Procedures for conducting shareholders' meetings
1. Share Classes: Provisions for different classes of shares and their respective rights and privileges
2. Committees: Formation and powers of specialized committees including audit, risk, and compliance committees
3. Branch Offices: Provisions for establishing and managing branch offices and subsidiaries
1. Initial Subscribers: Details of founding shareholders and their initial shareholdings
2. Compliance Procedures: Detailed procedures for regulatory compliance and reporting requirements
3. Share Certificate Template: Standard format and requirements for share certificates
4. Board Resolution Templates: Standard formats for common board resolutions and proceedings
5. State-Specific Regulatory Requirements: Detailed compliance requirements by state of operation
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