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Memorandum Of Association For Company Limited By Guarantee Template for India

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Key Requirements PROMPT example:

Memorandum Of Association For Company Limited By Guarantee

"Need to draft a Memorandum of Association for a Company Limited by Guarantee for an educational trust planning to establish multiple schools across Maharashtra, India, to be incorporated by March 2025, with a guarantee amount of Rs. 100,000 per member and specific provisions for educational grants and government collaborations."

Document background
The Memorandum of Association For Company Limited By Guarantee is a crucial incorporation document required when establishing a non-profit or charitable organization in India. This document is mandated by the Companies Act, 2013, and must be filed with the Registrar of Companies during the incorporation process. It contains essential information about the company's name, registered office, objectives, and the amount that members guarantee to contribute in case of winding up. Unlike companies limited by shares, this structure is typically chosen by non-profit organizations, clubs, associations, and charitable entities where the primary purpose is not to earn profits for distribution to members. The document serves as the foundation for the company's existence and defines its scope of operations, making it essential for regulatory compliance and organizational governance in India.
Suggested Sections

1. Name Clause: States the name of the company with 'Limited' as the last word

2. Registered Office Clause: Specifies the state in which the registered office of the company will be situated

3. Objects Clause: Details the main objects, ancillary objects, and other objects of the company

4. Liability Clause: States that members' liability is limited by guarantee and specifies the amount each member undertakes to contribute

5. Capital Clause: Declares that the company is limited by guarantee and does not have share capital

6. Association Clause: Declaration of association by the subscribers to form the company

7. Subscriber Information: Details of the subscribers including names, addresses, occupations, and signatures

Optional Sections

1. Foreign Company Clause: Required when the company plans to have international operations or foreign subscribers

2. Non-Profit Declaration: Required for companies registering under Section 8 of Companies Act as non-profit entities

3. Special Objects: Required for companies in specialized sectors like education, healthcare, or religious activities

4. Branch Office Provisions: Optional clause for companies planning to establish branch offices

5. Charitable Purpose Clause: Required for companies established for charitable purposes

6. Amendment Clause: Optional clause specifying the procedure for amending the memorandum

Suggested Schedules

1. Schedule I - Subscriber Details: Detailed information about subscribers including their identification documents and contact details

2. Schedule II - Property Details: Details of any property owned by or promised to the company at formation

3. Schedule III - Initial Guarantors: List of initial guarantors with their guaranteed amounts

4. Schedule IV - Rules and Regulations: Specific rules and regulations governing the company's operations

5. Appendix A - Forms and Declarations: Standard forms and declarations required for registration

6. Appendix B - Consent Letters: Consent letters from various stakeholders including subscribers and directors

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses

























Relevant Industries

Non-Profit Organizations

Education

Healthcare

Religious Institutions

Sports and Recreation

Professional Associations

Cultural Organizations

Research Institutions

Charitable Organizations

Social Services

Environmental Conservation

Arts and Heritage

Relevant Teams

Legal

Compliance

Corporate Secretarial

Board of Directors

Corporate Governance

Regulatory Affairs

Administration

Executive Leadership

Risk Management

Relevant Roles

Company Secretary

Legal Counsel

Corporate Lawyer

Compliance Officer

Director

Board Member

Chief Executive Officer

Managing Director

Non-Profit Director

Governance Officer

Legal Administrator

Company Formation Specialist

Corporate Governance Manager

Regulatory Affairs Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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