By Adv Akshay Kshirsagar on 18th October 2021 4.00 pm


A Memorandum of Association is legal document representing the charter / formation of the company. It is a prepared during the formation and registration process of a company which reflects name of the company, registered address, objectives of the company, liability of members, share capital and undertaking.


The company can undertake only those activities that are mentioned in the Memorandum of Association. Company cannot perform any operations or take any actions beyond the MOA.


To incorporate a company, an application has to be filed with the Registrar of the Company along with required documents. One of the fundamental document is Memorandum of Association.


MOA can be altered from time to time, hence all alteration made in accordance with original MOA or Act is part of Memorandum.

MoA must be signed by at least 2 subscribers in case of a private limited company, and 7 members in case of a public limited company

Liability of members of company.


 1. If the company is limited by shares then the liability of its members is limited to the amount unpaid on shares held by them.

 2. If the company is limited by guarantee, then the  liability is limited up to the assets of the company in the event of its being wound-up while he is a member. Or such debts and liabilities of the company within one year after he ceases to be a member.


Section 399 of the Companies Act, 2013 specifies that,  any person can inspect any document filed with the Registrar in pursuance of the provisions of the Act. Hence, any person who wants to deal with the company can know about the company through the Memorandum of Association.

(Draft of Memorandum of Association as per Companies Act, 2013)

 1. The name of the company is ABC PVT LTD


 2. The Registered office of the company is ___________________.


 3.  The objects for which the company is established are as follows :


A. The main object of the company to be pursued on its incorporation are to

    I. To develop, Establish, promote, facilitate, improvement of educational, social, cultural, economical and medical relief to poor and advancement of any other charitable and developmental objects of general public utility and community welfare.

   II. To develop and maintain infrastructure in India and globally for the recruitment, research and training of highly qualified professionals on all levels of expertise dedicated to on-site projects in the united states and other countries internationally.

   III. All other operations which company intends to perform.


 4. Liabilities of companies are limited.


 5. Authorised share capital of the company is Rs. 10,00,000 (Rupees ten lakhs) divided in 5,00,000 (Five lakh) equity shares of Rs. 2 each with the power to increase or reduce the capital of the company or to divide the shares in the capital of the company or to divide the shares in the capital for the time being into several classes and attach thereto respectively any preferential, deferred, qualified or specified rights, privileges’ or conditions as may be determined by or in accordance with the article of the company or may vary, modify or abrogate any such rights, privileges or conditions in such manner time being provided by article of the company.



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