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Question -

Distinguish between ‘Memorandum of Association’ and ‘Articles of Association’.



Answer -

Basis of Comparison

(MoA)Memorandum of Association

Articles of Association (AoA)

Meaning

It is a document that contain all essential information required for company incorporation.

It is a document containing the rules and regulations of the company.

Objectives

Defines scope of activities and character of the company

It defines rules and regulations of the company.

Position

Serves as the main document of the company and is subordinate to Companies Act

A subsidiary document that is subordinate both to MoA and Companies Act

Relationship

Defines the relation between outsiders and the company

Defines relation between company and its members

Validity

Acts that are beyond MoA cannot be ratified

Acts that are beyond AoA can be ratified, if it does not violate MoA rules.

Necessity

Must for every company

Not that important

Alteration

A statutory authority approval is necessary for altering MoA.

Articles can be altered by passing a special resolution by the members.

 

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