Form of Memorandum. Section 14 restricts the choice of 'Fonm' in which a memorandum can be made. It safes that the memorandum of association of a company shall be in such one of the Fonns' in Tables 'B',
C', 'D', and 'E' giveh in Schedule I of the Companics Act as may be applicable to the case of the company or Pa a 'Farm' as near thereto as circumstances admit. TableB gives specimen of memorandums of a company Ltniled by share. Tables C and D give specimen of memorandums of a company limited by guarantee not havrng a share capital, and having a share capital, respectively Table E gives specimen of memorandum of anunhrnited liability company For the sake of illustration, specimen of standard forms of Memorandums of a 'Company Limited by Shares' (as given m Table B) and of a 'Company Limited by Guarantee and having a share capital' (as given in Table D) arc appended at the end of flus chapter
Section l 5 requires: that eveiy memorandum must be printed, divided into paragraphs numbered consecutively, anti signed by each subscriber mentioning his description, occupation and address in the presence of at least OnG witness (not being a subscriber liimselfl who must attest the signature and shall likewise add his address, description and occupat on, if any
CONTENTS OF THE MEMORANDUM
Section 13 sets out the contents of the Memorandum The document must contain the following clauses: . : :
(l) the name clause, 2) the registered erp office clause, (3) the objects clause, (4) the habiliiy clause, (5) the capital clause, and (6) the association clause or subscription clause. We shall now consider each of these clauses in detail.
1. The name clat se. Under this clause the corporate name of the company Is stated. Any smtable narhe can be chosen by a company, subject however, to the following resfnctiDns:
(a) In the case of companies limited bs shares or limited by guaramtee the word Limited ' or "Pnvate Limited' must be the last word in the name of every public or private company respectively There is, however, one exception to this mle as provided m Section 25 of the Act, which permits charitable companies formed to promote commerce. art, science, religion, etc., (prohibiting the payment of dividends and applying all the profits to the promotion of their objects) under a hGence p,rantedby the Central Governntent, to register with limited liahil!t :, but without the word "limited ' as part of its name. In the case of nnliniited companies, only the name Is to be given. It
80 'S: SECRETARIAL PRACTICE
given to the Registrar for record within 30 days of incorpsra-change, as the case maybe lSec. 146(2)]. Usually, the notice of th. I.of registered pftice is filed at the same bme as the memorandum