Formation of Company

Posted by rIn On Thursday, April 15, 2010 0 comments

Formation of Company
  • Required Membership
    • Two or more person should be associated to form the company
  • Lawful Purpose
    • Means that the company that you make is legal in front of the law. You cannot create such an illegal company
  • Selection of Names
    • The name of the company should be meaningful(not vague). 
  • Subscribing MOA & AOA
    • The person should subscribes their names to MOA
    • MOA is Memorandum of A Company, that includes:
      • the name of the company
      • the objectives of the company 
      • the powers of the company
      • share capital clause
    • AOA is Article of A Company, known as the constitution of the company. It is basically a set of regulations for internal management of the company
    • Doctrine of Ultra Vires
      • An administrative authority may not act or function in excess of its power. If he acts beyond his power, then his act would be unlawful and invalid
      • However this rule is not applicable in Malaysian company law. Under section 20(1) of the Companies Act an ultra vires contract made by the directors of a company becomes valid
      • This section protects the interests of the third parties who make business contracts with the company
  • Lodge in Registrar of Companies
    • Shall lodge the memorandum and the articles of the company with the Registrar
    • Shall pay the registration fees
  • Issue of Certificate of Incorporation
    • After submitting the MOA & AOA and pay the registration fee, then the registrar will register the company and issues the Certificate of Incorporation

0 comments to Formation of Company

Post a Comment