Вопрос
QUESTION ONE (25marks) a) Distinguish between memorandum of association and articles of association of a company. (4marks) b) (3marks) coused by M
Решения
4.2
(241 Голоса)
Ярослав
Экспертная проверка
мастер · Репетитор 5 лет
Ответ
a) The memorandum of association (MOA) and the articles of association (AOA) are two fundamental documents that govern the establishment and operation of a company. The key differences between the two are as follows:1. Purpose: The memorandum of association sets out the company's fundamental objectives, powers, and scope. It defines the company's purpose, the nature of its business, and the extent of its powers. On the other hand, the articles of association provide the detailed rules and regulations for the internal management and administration of the company. They specify the rights, duties, and responsibilities of the shareholders, directors, and other members of the company.2. Legal status: The memorandum of association is a legal document that is filed with the relevant government authorities, such as the Registrar of Companies, at the time of the company's incorporation. It is a public document that is available for inspection by anyone. The articles of association, on the other hand, are private documents that are not required to be filed with the government. They are typically kept in the company's records and are only accessible to the members of the company.3. Contents: The memorandum of association generally includes the company's name, the address of its registered office, the objects of the company, the liability of its members, and the powers of the company. The articles of association, on the other hand, cover a wide range of topics, such as the appointment and removal of directors, the conduct of meetings, the distribution of profits, the transfer of shares, and the winding up of the company.4. Flexibility: The memorandum of association is a more rigid document that is not easily amendable. Any changes to the memorandum require the approval of the shareholders and the filing of a special resolution with the government. The articles of association, on the other hand, can be amended more easily by the members of the company, subject to the provisions of the company's constitution and any applicable laws.In summary, the memorandum of association sets out the company's fundamental objectives and powers, while the articles of association provide the detailed rules and regulations for the internal management and administration of the company.