Memorandum of Association (MoA)

Format of a MoA

The clauses or contents typically found in the Memorandum of Association include:

• Name Clause:
  This clause specifies the name of the company, which is already approved and in adherence to the provisions laid down in the Companies Act and Rules.
  It is essential to affix the type of company beside the name. For instance, a private company would be named XYZ Private Limited, while a public company would be denoted as XYZ Ltd.
• Registered Office Clause:
  This clause precisely identifies the State where the company's registered office is located, which is crucial for establishing the Registrar of Companies' jurisdiction.
• Object Clause:
  The object clause outlines the main, incidental, and other objectives for which the company is established. It defines the scope of activities that the company can undertake. Any activity outside the scope of this clause is generally considered beyond the powers of the company.
• Liability Clause:
  In the liability clause, the extent of liability of the company's members is mentioned. It specifies whether the liability of members is limited by shares or by guarantee or if it is an unlimited liability company.
• Capital Clause:
  The capital clause details the authorized capital of the company. It specifies the maximum amount of share capital the company is authorized to issue and its division.
• Subscriber Details:
  The name and address of the Subscribers, along with either DIN or PAN details, the number of shares taken often signed by DSCs.

How to Submit a Memorandum of Association (MoA)?

The webform or e-MOA is filed as a linked form to SPICe+ Part B in case the total number of subscribers is less than or equal to 7.

• Go to the MCA homepage.
• Log in to the MCA portal using valid credentials.
• Navigate to the 'SPICe +' application from the application history in your user dashboard.
• Access the SRN dashboard by selecting the relevant SRN/SPICe+ application with the status 'Draft' or 'SPICe+ Part A approved.'
• Upload the complete Spice form, along with Form No. INC-13 (e-MOA) and other forms and the accompanying documents on the MCA portal.
• Submit the web form.

Note: In cases where the number of subscribers exceeds 7, non-individual subscribers are situated outside India, or individual subscribers possess nationalities other than India and lack a valid PAN, it is mandatory to attach the AOA separately within the SPICe+ Part B web form.

Fees for MoA in India

The fees can vary based on factors such as the Nominal Share Capital of the company and the number of members/ subscribers.

In the case of a company having a share capital:

** Table is taken from Instruction Kit- INC 13 (eMOA) Annexure.

In the case of a company not having a share capital:

Note: The maximum fee payable to the Registrar for registration of a new company not having share capital is fixed at Rupees Rs. 10,000.

Validity of the MoA

The MOA itself does not have a specified validity period. It remains in force as long as the company exists, but amendments and updates may be required to reflect changes in the company's structure, objectives, or legal requirements.