PLEASE HELP.........
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
29 November 2010
What should be the content of MOA?
CA Sanat Pyne
(Expert)
29 November 2010
Name clause
The name of the company is mentioned in the name clause. A public limited company must end with the word ‘Limited’ and a private limited company must end with the words ‘Private Limited’. The company cannot have a name which in the opinion of the Central Government is undesirable. A name which is identical with or the nearly resembles the name of another company in existence will not be allowed. A company cannot use a name which is prohibited under the Names and Emblems (Prevntion of Misuse Act, 1950 or use a name suggestive of connection to government or State patronage.
The name of the company is mentioned in the name clause. A public limited company must end with the word ‘Limited’ and a private limited company must end with the words ‘Private Limited’. The company cannot have a name which in the opinion of the Central Government is undesirable. A name which is identical with or the nearly resembles the name of another company in existence will not be allowed. A company cannot use a name which is prohibited under the Names and Emblems (Prevntion of Misuse Act, 1950 or use a name suggestive of connection to government or State patronage.
CA Sanat Pyne
(Expert)
29 November 2010
Domicile clause
The state in which the registered office of company is to be situated is mentioned in this clause. If it is not possible to state the exact location of the registered office, the company must state it provide the exact address either on the day on which commences to carry on its business or within 30 days from the date of incorporation of the company, whichever is earlier. Notice in form no 18 must be given to the Registrar of Comapnies within 30 days of the date of incorporation of the company. Similarly, any change in the registered office must also be intimated in form no 18 to the Registrar of Companies within 30 days. The registered office of the company is the official address of the company where the statutory books and records must be normally be kept. Every company must affix or paint its name and address of its registered office on the outside of the every office or place at which its activities are carried on in. The name must be written in one of the local languages and in English.
The state in which the registered office of company is to be situated is mentioned in this clause. If it is not possible to state the exact location of the registered office, the company must state it provide the exact address either on the day on which commences to carry on its business or within 30 days from the date of incorporation of the company, whichever is earlier. Notice in form no 18 must be given to the Registrar of Comapnies within 30 days of the date of incorporation of the company. Similarly, any change in the registered office must also be intimated in form no 18 to the Registrar of Companies within 30 days. The registered office of the company is the official address of the company where the statutory books and records must be normally be kept. Every company must affix or paint its name and address of its registered office on the outside of the every office or place at which its activities are carried on in. The name must be written in one of the local languages and in English.
CA Sanat Pyne
(Expert)
29 November 2010
Objects clause
This clause is the most important clause of the company. It specifies the activities which a company can carry on and which activities it cannot carry on. The company cannot carry on any activity which is not authorised by its MA. This clause must specify :-
Main objects of the company to be pursued by the company on its incorporation
Objects incidental or ancillary to the attainment of the main objects
Other objects of the company not included in (i) and (ii) above.
In case of the companies other than trading corporations whose objects are not confined to one state, the states to whose territories the objects of the company extend must be specified.
This clause is the most important clause of the company. It specifies the activities which a company can carry on and which activities it cannot carry on. The company cannot carry on any activity which is not authorised by its MA. This clause must specify :-
Main objects of the company to be pursued by the company on its incorporation
Objects incidental or ancillary to the attainment of the main objects
Other objects of the company not included in (i) and (ii) above.
In case of the companies other than trading corporations whose objects are not confined to one state, the states to whose territories the objects of the company extend must be specified.
Ajay Mishra
(Expert)
29 November 2010
Hi
Please also go to the following link
https://www.legalserviceindia.com/company%20law/com_1.htm
Please also go to the following link
https://www.legalserviceindia.com/company%20law/com_1.htm
Ankur Garg
(Expert)
29 November 2010
For more objects clauses and for sample MOA and AOA kindly click the link below:
https://www.caclubindia.com/articles/company-law-some-useful-main-object-clause-i-4520.asp
https://www.caclubindia.com/articles/company-law-some-useful-main-object-clause-i-4520.asp
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