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Section 4  :- Memorandum of Association

✓ Memorandum of Company states:-

• Name of the company i.e being Public company or private company

• State in which the Reg. Office of company is situated

• Objects of the company

• Liability of the company, weather limited/Unlimited/Gurantee.

• No. Of shares and amount of subscription

• Name of Nominee, In case of OPC

✓ Name of the company

• The name of the company shall not be identical / resemble to any other company registered under the act.

• The name of the company shall not contain any word or expression  which is likely to give the impression, that the company have any patronage or connected to Central Govt., state Govt or any local body.

• The name of the company shall not contain any word as may be prescribed, unless the previous approval is taken by Central Govt.

Section 5:- Articles of Association

✓ Articles of a Company Contains

• Regulations for management of a Company

• Such Matters as may be prescribed • Articles may contain provisions for entrenchment to the effect that specified provisions of the articles

• Provisions specified in articles may be altered / amended by passing resolution.

• A company may adopt all or any of the regulation contained in the model articles applicable to such company.

Section:- 6

Notwithstanding anything to the contrary contained in memorandum or articles of a company, or any agreement, or any resolution passed by the company, Act will override to memorandum and articles.

Related section:- 13 to 17.

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By:- CS Saheb Dumbwani

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