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Any activity which is carried outside the scope of legal power and authority of the company or is done out of the preview of MOA is known as ultra vires activity. In India, ‘Doctrine of ultra vires’ was expounded for the first time by Mumbai High Court in 1866 in the case of Jahangir R Mody Vs Shamji Laddha.

The Registered office of the company will be in which state? Through this statement, the people can get this information, also the limit of law is also mentioned, by which it can easily be found out, whether the company is local or foreign. At the registered office only, the ‘index of members’ and other necessary public documents of the company are kept for inspection by members and others.

(b) 28 Aug. 2013

(a) East India Company

Features of New Companies Act 2013 are: 

1. maximum effort has been made to ensure the protection of stakeholders by making the rules more harsh and efficient. 

2. The maximum number of members has been increased to 200 from 50. 

3. The duration of the first annual general meeting of the company has been reduced from 18 to 9 months. 

4. For smooth operation of the company, the New Company Act 2013 encourages the provision of e – management/e-governance.

(c) Indian Companies Act, 1956

(a) One person company

(c) 470 sections

(a) Form in Table A

(d) All of the above

• It states the rules and regulations of the company.
• It is a public document.

Memorandum of Associations.

(b) Articles of Association

Memorandum of Association is the principal document for both Public and Private companies. It defines the power and objectives of the company, describes the scope of its operations and its relationship with its stakeholders. 

1. Name Clause – 

It states the name of the company. Under the following conditions, a company can select its name: 

• The name should not be identical or closely – related to an existing company. 
• The public company should be ‘listed’ while the private company must use ‘Private limited’ at the end of the name. 
• The proposed name must not be undesirable in the opinion of the central government.
• The name should have ‘cooperative’ word in it.

 2. Registered office clause – 

The MOA of every company must mention the name of the state in which the registered office of the company is to be situated. It determines the area of jurisdiction.

3. Object Clause – 

This is a very important clause. This clause determines the rights and powers of the company and also defines its sphere of activities. No activity can be taken up by the company which is not mentioned in the object clause. The clause offers protection to shareholders and creditors by ensuring that funds raised are not going to be used for any other undertaking. 

These things need to be kept in mind before making this clause – 

• The objectives of the company must not be illegal.
• It should not be against public policy. 
• Objects should not be immoral.

 4. Liability Clause – 

It states the liabilities of its members. In the MOA of a company limited by shares, it is clearly mentioned that their liabilities are limited to the nominal value. Similarly, if MOA of a company is limited by guarantee, then the liability of · members will be limited up to the guarantee held by them. 

5. Capital of Company or Capital Clause – 

Under this clause, the total capital of the company is stated. The division of capital into equity share capital and preference share capital is also mentioned. 

6. Association Clause – 

The association clause contains a declaration by several persons whose names and addresses are described and who have the desire of forming into a company. 

7. Nomination Clause – 

In case of OPC’s MOA, the name of (nominee), such person to be stated who will become a member of the company in case of death or incapability to carry on the contracts of the subscriber.

(c)  30 days

It is an important clause because it gives an identity to the company. Legal provisions are to be considered while selecting the name of the company. The name must not be identical with the other existing names. Each public company must contain, the word ‘limited’ at the end of its name and each private company must have the words, Private limited’ at the end of its name.

If a company doesn’t follow the provisions published in the Registrar’s office, then each member is liable to pay 1 lakh.

(d) All of the above

• It determines the scope of operations of a company.
• It defines the objectives of the company

Through the arrangement of internal management.

(b) In the year 1866

(c) It is the fundamental document of a company

(a)  Table F

In the year 1866, In the justice court of law, with the contention of R. Modi versus Shamji Laddha.

(a) Lord Keyerns

Total 29 chapters, 170 sections and 7 schedules.

MOA helps to provide the company with a clear vision and to take important decisions to operate the company.

Table C is used by a limited company having share capital to frame its MOA.

Internal rules are laid out in companies AOA.

(d) subsidiary to MOA

It is a document containing rules and regulations framed for the internal management of the company.

(b) under to Indian Citizenship Act 1955

(d) All of them

(a) Chartered Company

100  members

(c)  No limit

Following are the companies on the basis of a number of members: 

1. One Person Company – 

A company having a single member is called the oneperson company. Their liability is unlimited. 

2. Private Company – 

A private company, under Companies Act, means a company having authorised paid-up capital and which restricts by its articles – 

• The right of members to transfer their shares. 
• The number of its members (except OPC) is limited to 200. 
• Prohibits any invitation to the public to subscribe to its shares and debentures. 

3. Public Company – 

All the companies other than Private Companies or any company which does not have restrictions like the private company are called the public company.

(b) Chief Justice Marshall

A company in which more than 17% of its paid-up capital is held by either central or state govt.

51% of paid-up share capital is to be owned by central or state government or by both jointly in case of a government company.

(a) Till 30 August 2013

• Company doesn’t assimilate loans in Bonds.
• The number of members in a private company has been increased to 200.

(c) Foreign Exchange Regulation, 1973

The company which is controlled by some other company is a subsidiary company.

7 is the minimum number of members in a public company.

Up to 11% the company give to its directors from the profit earned .

1/3 independent directors can be there out of total directors in a public.

The minimum number of directors that should be there in a public company is 3.

(a) Memorandum of Association

MOA is a basic document for a company because it defines the powers and objectives of the company, by which the company runs its business. No company can run without framing this document. It gives information associated with the name of the company, place, objective, liability, etc.