Memorandum of Association (MOA) :

Memorandum of Association (MOA) is a legal document prepared in the formation and registration process of a limited liability company to define its relationship with shareholders.

Objectives of Memorandum of Association or MOA

1. The Memorandum of Association (MOA) of a company contains the object for which  the company is formed.
2. It identifies the scope of its operations and determines the boundaries it cannot cross.
3. It is a public document according to Section 399 of the Companies Act, 2013.
4. An MOA serves as a legal document and describes the terms and details of the partnership agreement.

Format of Memorandum of Association (MOA)

According to Section 4 of the Companies Act, 2013, companies must draw the MOA in the form given in Tables A-E in Schedule I of the Act. Here are the details of the forms:

S. No.	Table	Form
1.	Table A	Form for the memorandum of association of a company limited by shares.
2.	Table B	Form for the memorandum of association of a company limited by guarantee and not having a share capital.
3.	Table C	Form for the memorandum of association of a company limited by guarantee and having a share capital.
4.	Table D	Form for the memorandum of association of an unlimited company.
5.	Table E	Form for the memorandum of association of an unlimited company and having share capital.

Contents of Memorandum Of Association:

Section 4 of the Companies Act,2013 deals with MOA. The Memorandum of a company shall contains the following:-

1. Name Clause:
   The name of the company with the last word “Limited” in the case of a public limited company, or the last words “Private Limited” in the case of a private limited company.
2. Place / Registered Office Clause:
   The State in which the registered office of the company is to be situated.
3. Object Clause:
   The objects for which the company is proposed to be incorporated and any matter considered necessary in furtherance thereof.
4. Liability Clause:
   The liability of members of the company, whether limited or unlimited, and also state,—
   
   • In the case of a company limited by shares– liability of its members is limited to the amount unpaid, if any, on the shares held by them; and
   • In the case of a company limited by guarantee-the amount up to which each member undertakes to contribute—
     • To the assets of the company in the event of its being wound-up, and
     • To the costs, charges and expenses of winding-up.
5. Capital Clause:
   This is valid only for companies having share capital. These companies must specify the amount of Authorized capital divided into shares of fixed amounts. Further, it must state the names of each member and the number of shares against their names.
6. Association Clause:
   The MOA must clearly specify the desire of the subscriber to form a company. This is the last clause.

Keep in mind the following aspects before submitting the MOA:

1. Print the Memorandum of Association (MOA)
2. Divide it into paragraphs
3. Number the pages in sequence
4. Ensure that at least seven people sign it (2 in the case of a private limited company and one in case of a One Person company).
5. Have at least one witness to attest the signatures
6. Enter particulars about the signatories and witnesses like address, description, occupation, etc.

New ammendment in Memorandum of Association (MOA):

MOA - Company Act 2013 Vs Company Act 1956:

Sr. No.	CA,2013	CA,1956
1.	It requires classification of objects as (i) Objects for which the company is proposed to be incorporated and (ii) Any other matter considered necessary in furtherance thereof.	The objects of the company should be classified in the memorandum as (i) main objects (ii) Incidental or ancillary objects (iii) Other objects
2.	It requires that the memorandum shall state liability of members of the company whether unlimited or limited	The unlimited companies were not required to state in the memorandum that liability of the members of the company is unlimited.
3.	A company shall not be registered with a name which contains any word or expression which is likely to give the impression that the company is in any way connected with, or having the patronage of, the Central Government, any State Government, or any local authority, corporation or body	There is no such provision
4.	It incorporates the procedural aspects of application for availability of name of proposed company or proposed new name for existing company	There is no such provision
5.	It provides that the MOA of a company shall be in respective forms specified in Tables A,B,C,D,E of Schedule I of the 2013 Act as may be applicable to the company.It does not allow the memorandum to be in a form as near to the applicable Forms in Schedule I as the circumstances admit	It provides that the MOA of a company shall be in a such one of the forms in Table B,C,D,E of Schedule I of the 1956 Act as may be applicable to the case or in a Form as near thereto as the circumstances admit.