Section 4
of the Companies Act 2013 guides the procedure for drafting Memorandum and laid
down various provision for proper drafting of memorandum of association which
are as follows:-
The memorandum
of a company whether public or private shall contain:-
- The name of the Proposed company end with the word “Limited” in the case of a public limited company or end with the words “Private Limited” in the case of a private limited company Provided that this provision is not applicable for the purpose of Section 8 Company Registration
- MOA must contain name of the State in which the registered office of the proposed company will be situated
- MOA must state the objects of the proposed company whether main object or ancillary object and any matter considered necessary in furtherance of main object
- The liability of members must be mentioned in the MOA of the proposed Company whether limited Liability or unlimited and also state as follows
- For company limited by shares liability of members of the company is limited to the amount unpaid if any on the amount of shares held by them and
- For company limited by guarantee the liability of the member of the company limited by amount up to which each member undertakes assets or other form of assets.
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