What is the Difference Between Memorandum of Association and Articles of Association?
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On this pageWhat is the Difference Between Memorandum of Association and Articles of Association? Comparative Table: Memorandum of Association vs Articles of Association
Comparative Table: Memorandum of Association vs Articles of Association
Here is a table highlighting the differences between the Memorandum of Association and Articles of Association:
Feature | Memorandum of Association (MoA) | Articles of Association (AoA) |
---|---|---|
Meaning | MoA is a charter document that contains key details and information about the company. | AoA is a document containing all the rules and regulations that govern the company's internal affairs. |
Type of Information | Contains fundamental information about the company, such as its objects, powers, and authorized capital. | Contains rules and regulations related to the company's internal management and operations, such as the corporate structure, appointment and powers of directors, share issuance and transfer, dividend policies, and the conduct of general meetings. |
Status | Subordinate to the Companies Act | Subordinate to both the Memorandum of Association and the Companies Act |
Retrospective Effect | Cannot be amended retrospectively | Can be amended more easily through an ordinary resolution passed during a general meeting |
Registration | Compulsory for every company at the time of registration | Not required to be filed with the registrar, although the company may file it voluntarily |
Contents | Six clauses: Name Clause, Registered Office Clause, Objects Clause, Capital Clause, Shares Clause, and Liability Clause | Framed as per the discretion of the company |
In summary, the Memorandum of Association outlines the company's fundamental constitution, including its name, registered office location, objectives, and authorized capital, while the Articles of Association focus on the company's internal management and operational rules, addressing matters such as the corporate structure, appointment and powers of directors, share issuance and transfer, dividend policies, and the conduct of general meetings.
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