Information on Memorandum of Association according to Companies Act 1956. Including Contents, Clauses and Alteration of MOA and Ultra Vires.

1. MEMORANDUM OF ASSOCIATION

2. MEMORANDUM OF ASSOCIATION
According to sec 2(28) of the companies act , 1956:
 First step in the formation of a company.
 Basic document
 Originally framed
 Altered from time to time
 Alters in pursuance of any special provisions
 Also called a Charted/constitution of the company

3. MOA DEFINES:-
 Various clauses and their scope
 The powers
 Limitation of the powers
 Object and their scope
 UltraVires

4. CONTENTS AND FORMS OF MOA
According to section 13:-
 Name of the company(ltd / pvt.ltd)
 State in which register office is situated
 Classification of object(main objects , ancillary of
incidental objects / other objects)
 Limited liability
 Share capital
 Association clause

5. CLAUSES OF MOA
 Name clause
 Registered office clause
 Object clause
 Liability clause
 Capital clause
 Association or subscription clause

6. ALTERATION OF MOA
Alteration of
name clause
Alteration of
registered
office clause
Alteration of
object clause
Alteration of
liability
clause
Alteration of
capital
clause

7. DOCTRINE OF ULTRA VIRES
 Ultra means ‘beyond’
 Vires means ‘the power’
 Ultravires means ‘beyond the powers’
If anything is done beyond the powers of the
company that will be Ultravires and so void
according to MOA of the company.

8. OBJECTIVES OF ULTRAVIRES
 To protect investors
 To protect the creditors
 To protect the shareholders