The Memorandum of Association of Food Processing Company is a mandatory constitutional document required when establishing a food processing business in Malaysia. It must be filed with the Companies Commission of Malaysia (SSM) during the incorporation process and serves as the founding document that defines the company's scope, powers, and limitations. The document is crucial as it outlines the company's objectives specifically related to food processing activities, ensures compliance with Malaysian corporate law and food safety regulations, and establishes the basic framework for corporate governance. It includes essential information about share capital, liability limitations, and specific provisions related to food processing operations, making it a fundamental reference point for stakeholders, investors, and regulatory authorities.
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1. Name Clause: States the registered name of the company as approved by the Companies Commission of Malaysia
2. Registered Office Clause: Specifies the location of the registered office in Malaysia
3. Objects Clause: Details the primary and secondary business objectives, specifically relating to food processing activities
4. Limited Liability Clause: Declaration that members' liability is limited to their shareholding
5. Share Capital Clause: Details of authorized share capital and types of shares
6. Association Clause: Statement of members' desire to form the company and subscribe to shares
1. Foreign Ownership Provisions: Required if the company will have foreign shareholders, detailing compliance with Malaysian foreign ownership restrictions
2. Special Rights Provisions: Used when creating different classes of shares with special rights or restrictions
3. Branch Office Provisions: Needed if the company plans to establish branch offices or multiple processing facilities
4. Halal Certification Provisions: Required if the company intends to produce Halal food products
5. Export Provisions: Include when the company plans to engage in export activities
1. Schedule 1: Share Capital Structure: Detailed breakdown of share classes, rights, and initial shareholding
2. Schedule 2: Initial Subscribers: List of founding members and their initial share subscriptions
3. Schedule 3: Business Activities: Detailed list of permitted food processing activities and related business operations
4. Schedule 4: Special Rights: Details of any special rights attached to different share classes
5. Appendix A: Compliance Requirements: List of specific food processing licenses and permits required
6. Appendix B: Quality Control Standards: Basic quality control and food safety standards the company commits to maintain
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