The Memorandum of Association of Agricultural Company is a mandatory legal document required under Malaysian law when incorporating an agricultural company. This document must be filed with the Companies Commission of Malaysia (CCM) and serves as the foundation of the company's legal existence. It is required when establishing any new agricultural business entity in Malaysia that wishes to operate as a registered company. The memorandum contains crucial information about the company's identity, objectives, share capital structure, and agricultural business scope. It must comply with the Companies Act 2016 and relevant agricultural regulations, making it essential for establishing the legal framework within which the company will operate. This document is particularly important for agricultural businesses as it needs to address specific considerations such as land use, environmental compliance, and agricultural licensing requirements.
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1. Name Clause: States the company's name as approved by the Companies Commission of Malaysia
2. Registered Office Clause: Specifies that the registered office of the company will be situated in Malaysia
3. Objects Clause: Details the agricultural business activities and purposes for which the company is established
4. Liability Clause: States that the liability of members is limited by shares
5. Share Capital Clause: Specifies the authorized share capital and types of shares
6. Subscriber Details: Information about the initial subscribers/shareholders including names, addresses, occupations, and number of shares taken
1. Agricultural Land Usage: Include when company plans to own or lease agricultural land, detailing permitted land use and development restrictions
2. Environmental Compliance: Add when company's activities require specific environmental permits or compliance measures
3. Research and Development: Include if company will conduct agricultural research or development activities
4. Export Operations: Add when company plans to engage in international trade of agricultural products
5. Processing Activities: Include if company will engage in processing of agricultural products
6. Intellectual Property Rights: Add when company plans to develop or use protected plant varieties or agricultural technologies
1. Schedule 1: Share Capital Structure: Detailed breakdown of share classes, rights, and distribution
2. Schedule 2: Subscriber Information: Detailed information about initial subscribers including identification documents
3. Schedule 3: Agricultural Activities: Comprehensive list of planned agricultural activities and products
4. Schedule 4: Property Details: Details of owned or leased agricultural land and facilities
5. Appendix A: Compliance Certificates: Copies of relevant agricultural and environmental permits and certificates
6. Appendix B: Technical Specifications: Technical details of agricultural operations, machinery, and processes
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