|
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. |
No comments:
Post a Comment