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Memorandum And Articles Of Association Of General Trading Company

Memorandum And Articles Of Association Of General Trading Company Template for Malaysia

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Memorandum And Articles Of Association Of General Trading Company

"I need a Memorandum and Articles of Association of General Trading Company for my new import-export business in Malaysia, planning to commence operations in March 2025, with provisions for international trade operations and the ability to establish foreign branch offices."

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Document background
The Memorandum and Articles of Association of General Trading Company is a mandatory constitutional document required for company incorporation in Malaysia under the Companies Act 2016. This document serves as the company's foundation, establishing its legal existence and defining both its external relationships and internal governance structure. It is required when incorporating a new trading company or when an existing company needs to update its constitutional documents to comply with current legislation. The document includes crucial information about the company's objectives, share capital structure, directors' powers, shareholders' rights, and corporate governance procedures. In Malaysia, this document must be filed with the Companies Commission of Malaysia (SSM) and serves as a public document that stakeholders can refer to for understanding the company's fundamental rules and regulations.
Suggested Sections

1. Company Name and Status: States the company name and that it is incorporated under the Companies Act 2016

2. Registered Office: Specifies the location of the registered office in Malaysia

3. Objects and Powers: Details the business activities and powers of the company

4. Share Capital: Defines the structure and classes of shares

5. Members' Liability: States that liability of members is limited by shares

6. Directors: Outlines the appointment, removal, and powers of directors

7. Meetings: Procedures for general meetings and board meetings

8. Shares: Rules regarding share transfers, certificates, and rights

9. Dividends and Reserves: Provisions for dividend declaration and reserve funds

10. Accounts: Requirements for maintaining accounts and financial statements

Optional Sections

1. Preference Shares: Used when the company wants to issue different classes of shares with special rights

2. Managing Director: Include when the company wants to appoint a managing director with special powers

3. Alternate Directors: Provisions for appointing alternate directors when needed

4. Executive Directors: Include when the company plans to have executive directors with specific roles

5. Secretary: Detailed provisions about company secretary roles if beyond statutory requirements

6. Borrowing Powers: Specific provisions about company's borrowing limits and procedures

7. Foreign Branch Offices: Include if company plans to establish offices outside Malaysia

Suggested Schedules

1. Schedule 1: Share Capital Structure: Detailed breakdown of share classes and rights

2. Schedule 2: Directors' Powers: Comprehensive list of powers vested in directors

3. Schedule 3: Meeting Procedures: Detailed procedures for conducting various types of meetings

4. Schedule 4: Share Transfer Forms: Standard forms for share transfers

5. Schedule 5: Proxy Forms: Standard proxy forms for meetings

6. Schedule 6: Initial Subscribers: Details of the initial subscribers to the memorandum

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses






























Relevant Industries

Retail Trade

Wholesale Trade

Import/Export

General Merchandise

E-commerce

Distribution

Consumer Goods

Industrial Products

Manufacturing

Logistics

International Trade

Relevant Teams

Legal

Corporate Secretarial

Compliance

Corporate Governance

Board of Directors

Executive Management

Corporate Affairs

Risk Management

Regulatory Affairs

Relevant Roles

CEO

Company Secretary

Corporate Lawyer

Legal Counsel

Compliance Officer

Director

Managing Director

Board Member

Chief Legal Officer

Corporate Governance Officer

Company Director

Shareholder

Legal Manager

Corporate Affairs Manager

Risk Management Officer

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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