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Memorandum Of Association Of A Single Member Company

Memorandum Of Association Of A Single Member Company Template for India

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Memorandum Of Association Of A Single Member Company

"I need a Memorandum of Association of a Single Member Company for my technology consulting startup in Bangalore, with specific object clauses for AI development and software services, and my sister as nominee, to be incorporated by March 2025."

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Document background
The Memorandum of Association of a Single Member Company is a mandatory document required when establishing a One Person Company (OPC) in India under the Companies Act, 2013. This document is essential for entrepreneurs who wish to incorporate a company with a single shareholder while enjoying the benefits of limited liability and formal business structure. It contains crucial information about the company's objectives, powers, and limitations, and must be filed with the Registrar of Companies during incorporation. The document includes mandatory clauses regarding the company name, registered office, objects, liability, capital structure, and importantly, details of both the sole member and their nominee who would take over in case of member's death or incapacity. This legal framework, specific to the Indian jurisdiction, provides a simplified corporate structure for individual entrepreneurs while maintaining proper corporate governance.
Suggested Sections

1. Name Clause: States the name of the company with 'ONE PERSON COMPANY' or 'OPC' in brackets after the name

2. Registered Office Clause: Specifies the state in which the registered office of the company will be situated

3. Objects Clause: Details the main objects, ancillary objects, and other objects of the company

4. Liability Clause: Declaration of limited liability of the member and extent of liability

5. Capital Clause: States the authorized share capital of the company and its division into shares

6. Subscription Clause: Details of the single subscriber including name, address, occupation, and number of shares subscribed

7. Nominee Details: Information about the nominated person who will become member in case of subscriber's death/incapacity

Optional Sections

1. Other Object Clause: Additional objects not covered in main objects, used when company plans to diversify in future

2. Declaration of Business Activities: Specific declaration of intended business activities, used when company requires special licenses or permits

3. Foreign Investment Declaration: Required when the single member is an NRI or foreign national

4. Special Rights and Restrictions: Any special conditions or restrictions on business operations, used when required by industry regulations

Suggested Schedules

1. Schedule A - Nominee Consent Form: Written consent from the nominated person accepting the nomination

2. Schedule B - Details of Property: If company is formed with property contribution, details of such property

3. Schedule C - Compliance Declaration: Declaration of compliance with Companies Act requirements for OPC formation

4. Appendix 1 - Business Plan: Optional detailed business plan when required for specific licensing or banking purposes

5. Appendix 2 - Special Declarations: Any special declarations required by regulatory authorities for specific business activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Technology

Retail

Professional Services

Manufacturing

E-commerce

Consulting

Healthcare

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Education

Financial Services

Media and Entertainment

Agriculture

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Relevant Teams

Legal

Compliance

Corporate Secretarial

Corporate Governance

Business Development

Finance

Administration

Relevant Roles

Entrepreneur

Business Owner

Company Secretary

Legal Counsel

Corporate Lawyer

Compliance Officer

Managing Director

Chief Executive Officer

Business Consultant

Chartered Accountant

Company Registration Agent

Legal Administrator

Corporate Governance Officer

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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