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What is a Memorandum of Association (MOA) and Articles of Association (AOA)?

Posted by jobseeker Garima Rajput | Approved
Answers (1)

1. Memorandum of Association (MOA)
Definition:
The MOA is the charter document of a company that defines its scope of operations, objectives, and relationship with the external world.
Key Features:
Lays down the primary purpose for which the company is formed.
Restricts the company from engaging in activities beyond its stated objectives (doctrine of ultra vires).
Is a public document accessible to investors, creditors, and the public.
Contents (Section 4 of the Companies Act, 2013):

Name Clause Registered Office Clause Object Clause (Main & Ancillary)
Liability Clause Capital Clause
Subscription Clause
2. Articles of Association (AOA)
Definition:
The AOA is the internal rulebook of the company that governs its day-to-day operations and management, including rights, duties, and powers of directors and shareholders.
Key Features:
Regulates the internal management of the company.
Acts as a contract between the company and its members.
Can be altered more easily than the MOA, subject to shareholder approval.
Typical Provisions:

Appointment and powers of directors Dividend distribution Procedure for meetings
Voting rights Share transfer and issuance.



Answered by jobseeker Amit Dwivedi | Approved

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