Memorandum Of Association Part 1 Flashcards

1
Q

Name clause
Registration clause
Principal line of business
Prohibited business

A

Here are the smart notes in sentence form with headings:

Memorandum of Association

  • The Memorandum of Association is a document that contains various clauses with information about the company.
  • The clauses may vary depending on the type of company or business.

Name Clause

  • The name clause states the company’s name with the addition of specific words:
    • Public Company: “Limited”
    • Private Company: “(Private) Limited”
    • Single Member Company: “(SMC-Private) Limited”
    • Guarantee Limited Company: “(Guarantee) Limited”
    • Unlimited Company: “Unlimited”

Registered Office Clause

  • The registered office clause states the province or part of Pakistan where the company’s registered office will be situated.
  • Example: If the company’s registered office is in Lahore, the clause will state “the registered office of the company shall be situated in the province of Punjab”.

Principal Line of Business Clause

  • The principal line of business clause states the main business activity of the company.
  • The principal line of business is determined by the business that generates the highest revenue or holds the most substantial assets.
  • Example: If a company generates more revenue from sugar production, the principal line of business will be manufacture and sale of sugar.

Object Clause

  • The object clause is not a separate clause in the Memorandum of Association under the Companies Act, 2017.
  • For existing companies, the object clause in the Memorandum of Association will be treated as the principal line of business.

Restrictions on Business Activities

  • A company cannot engage in a business that is prohibited by law.
  • A company cannot engage in a restricted business without obtaining necessary licenses, registrations, or approvals.
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