The full form of MOA is Memorandum of Association. This document is legal in nature and helps in setting the basic rules and regulations of the operations of a company. When forming a new company, this document must be filled with the country’s regulatory body as it is very important. In the United States, a Memorandum of Association is also known as the Articles of Incorporation.
MOA acts as a contract between the company and its shareholders by laying out information like the registered office, its purpose, and authorised share capital. It also provides information related to the roles and responsibilities of the company’s management, shareholders and the board of directors.
Contents of MOA
Table of Contents
Although the contents of the Memorandum of Association vary according to the type of company and jurisdiction, it generally involves the following things:
- Company’s Name
- Company’s Registered Office
- Company’s main objectives and purpose
- Company’s authorised share capital
- Name and address of the initial shareholders
- Any limitations on the powers of the shareholders and company
- Provisions for alteration of the memorandum
Importance of Memorandum of Association
Mentioned below are some of the points that highlight the importance of the Memorandum of Association:
- Defines the purpose of the company: Since MOA clearly defines the objectives and goals of the company it aids in establishing the identity and purpose of the company. It also provides information regarding the operations of the company which helps investors, consumers and other stakeholders.
- Protects shareholders’ rights: Protecting shareholders’ rights entails information about the management of the company and the board of directors. It also includes information related to the limitations of the company and its shareholders. Since MOA lays information related to all this it helps in protecting the interests of the shareholders.
- Establishes the legal structure of the company: MOA aids in establishing the legal framework of the company along with names and addresses of the initial shareholders, registered office and authorised share capital. Establishing the legal structure of the company is crucial as it helps in formulating the company’s legal status and for regulatory compliance.
- Allows regulatory compliance: MOA is a public document filed with the regulatory body when a new company is being formulated. It is quite crucial for ensuring that the company’s operations are in accordance with the laws of the country and for regulatory compliance.
- Provides a reference point: MOA act as a reference point for the operations of the company. It can aid in resolving disputes and providing an understanding of the company’s objectives and operations.
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