The Memorandum of Association of Any Company serves as the primary constitutional document for business entities in the United States. While more commonly known as Articles of Incorporation in U.S. jurisdictions, this document is essential for establishing a company's legal existence and defining its fundamental characteristics. It must be filed with the state's Secretary of State and includes crucial information about the company's structure, purposes, share capital, and governance framework. The document is required when forming any new corporation and must comply with both federal and state-specific corporate laws.
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1. Article I - Company Name and Registered Office: Legal name of the company and principal place of business
2. Article II - Purpose: Statement of business objectives and permitted activities
3. Article III - Capital Structure: Authorized share capital, classes of shares, and par value
4. Article IV - Incorporators: Names and addresses of company founders
5. Article V - Directors: Initial board structure and basic governance provisions
1. Article VI - Liability Limitations: Provisions limiting director/officer liability when additional protection for officers/directors is desired
2. Article VII - Preemptive Rights: Shareholders' rights to purchase new shares when protecting against dilution is important
3. Article VIII - Transfer Restrictions: Limitations on share transfers, typically used for closely-held companies
1. Schedule A - Initial Shareholders: List of initial shareholders and their shareholdings
2. Schedule B - Share Rights and Restrictions: Detailed description of share classes and their rights
3. Schedule C - Initial Directors: List of initial directors and their details
4. Schedule D - Special Provisions: Any special corporate governance provisions or restrictions
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