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Construction of councilor memorandum

(Framing Memorandum of Association) While framing the Councilor Memorandum, the following points should be kept in mind. , are given in D and E, which are as follows


Format of Table ‘A’ – For a company limited by shares. Format of Table ‘B’ – for a company limited by guarantee which does not have share capital. Format of Table ‘C’ for a company limited by guarantee having share capital. Format of Table ‘D’ – For an unlimited company which does not have share capital. Format of Table ‘E’ – for an unlimited company having share capital.


Every company should not prepare its own memorandum according to the format applicable to it.


2. Councilor’s memorandum should be printed. It can also be ‘Photo Compose’, ‘Offset’ or Computer Laser Printed. But the photo cannot be copied (Xerox). 3. The councilor should be divided into memorandum articles and numbered sequentially on them. 4. The name, address, description, occupation etc. of the subscribers should be mentioned on the Councilor Memorandum. If the subscriber is a body corporate, the details thereof should be in the nature prescribed by the Central Government. It should also be signed by the subscribers and the signatures of each should be attested by a witness.


5. It also has to be stamped according to the rules.


Availability of copy of memorandum of council – Sometimes the members of the company apply to the company to give/send the memorandum copy. In such a case, the company should send a copy of the memorandum to that member within 7 days of such application provided the member has paid the prescribed fee. If the company commits any error in doing so, the company and every guilty officer of the company shall be punished with fine of ₹ 1,000 per day for each such defect so long as such defect continues or with a fine of ₹ one lakh. (whichever is less) shall be punished.

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