Company- Company is a voluntary association of persons formed for the purpose of doing business having a distinct name and limited liability. It is a juristic person having a separate legal entity distinct from the members who constitute it, capable of rights and duties of its own and endowed with the potential of perpetual succession. The Companies Act, 1956, states that 'company' includes company formed and registered under the Act or an existing company i.e. a company formed or registered under any of the previous company laws.
Memorandum of Association- The first step is the formation of a company and to prepare memorandum of association. This is also known as constitution of the company. Memorandum of associations is one of the documents which have to be filed with the registrar of companies at the time of incorporation of a company. Definitions - It lays down the area of operation of the company. - It also regulates the external affairs of the company in relation to outsiders. - To enable shareholders and those who deal with the company to know what its permitted range of enterprise is.
Definitions
1. Sec.2 (28)- “Memorandum of Association of a company as originally framed or as altered from time to time in pursuance of any previous companies law or of this Act”
2. Lord Cairns- “Memorandum of Association of a company is its charter & defines the limitations of the powers of a company. It contains the fundamental condition upon which alone the company is allowed to be incorporated”
3. Lord Macmillan- “The purpose of Memorandum of Association is to enable the share holders, creditors and those who deal with the company to know what its permitted range of enterprise is.”
Form of memorandum Table B Table C Table D Table E In schedule I as may be applicable in the case of the company.
Printing and signing of memorandum At least seven person in the case of public company and