Wednesday, February 19, 2025

Difference between MOA and AOA

 

BASIS FOR COMPARISON

MEMORANDUM OF ASSOCIATION

ARTICLES OF ASSOCIATION

Meaning

Memorandum of Association is a document that contains all the fundamental information which are required for the incorporation of the company.

Articles of Association is a document containing all the rules and regulations that governs the company.

Defined in

Section 2 (28)

Section 2 (2)

Type of Information contained

Powers and objects of the company.

Rules of the company.

Status

It is subordinate to the Companies Act.

It is subordinate to the memorandum.

Major contents

A memorandum must contain six clauses.

The articles can be drafted as per the choice of the company.

Obligatory

Yes, for all companies.

A public company limited by shares can adopt Table A in place of articles.

Compulsory filing at the time of Registration

Required

Not required at all.

Alteration

Alteration can be done, after passing Special Resolution (SR) in Annual General Meeting (AGM) and previous approval of Central Government (CG) or Company Law Board (CLB) is required.

Alteration can be done in the Articles by passing Special Resolution (SR) at Annual General Meeting (AGM)

Relation

Defines the relation between company and outsider.

Regulates the relationship between company and its members and also between the members inter se.

Acts done beyond the scope

Absolutely void

Can be ratified by shareholders.

Unit 3 Copyright and Patent (Guj. Med.)

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