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Memorandum Of Association Of Marketing Company Template for India

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Memorandum Of Association Of Marketing Company

"I need a Memorandum of Association of Marketing Company for my digital marketing startup launching in March 2025, focusing on AI-driven marketing solutions with planned operations in India and Southeast Asia, including provisions for data protection and cross-border service delivery."

Document background
The Memorandum of Association of Marketing Company is a mandatory legal document required for incorporating a company in India under the Companies Act, 2013. This document is essential when establishing a new marketing company or converting an existing business into a formal company structure. It contains crucial information about the company's name, registered office location, business objectives specifically related to marketing services, liability structure, and share capital. The MOA serves as the company's constitution and defines its relationship with the outside world, setting boundaries for its activities and operations. It must be filed with the Registrar of Companies (ROC) during incorporation and requires careful drafting to ensure it covers all potential marketing activities while complying with Indian corporate law requirements.
Suggested Sections

1. Name Clause: States the company name exactly as registered with ROC, including 'Private Limited' or 'Limited' suffix

2. Registered Office Clause: Specifies the state where the registered office is located

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

4. Liability Clause: Declares the nature of liability of members (limited by shares)

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

6. Association Clause: Declaration of association by subscribers to form the company

7. Subscription Clause: Details of subscribers including names, addresses, occupations, and shares taken

Optional Sections

1. Other Object Clause: Additional business activities the company may undertake in future - recommended for companies planning diversification

2. Foreign Operations Clause: Required if company plans to operate internationally or handle foreign clients

3. Digital Marketing Specific Clause: Detailed clause for companies focusing primarily on digital marketing services

4. Joint Venture Clause: Required if company plans to enter into joint ventures or strategic partnerships

5. Corporate Social Responsibility Clause: Recommended for companies expecting to cross threshold requiring mandatory CSR activities

Suggested Schedules

1. Schedule I - Subscriber Details: Detailed information about initial subscribers including ID proofs and contact details

2. Schedule II - Share Capital Structure: Detailed breakdown of share classes, rights, and privileges if multiple share classes exist

3. Schedule III - Initial Directors: Details of first directors including DIN, address and contact information

4. Schedule IV - Business Activities: Comprehensive list of planned marketing activities and services

5. Schedule V - Intellectual Property: List of trademarks, copyrights, and other IP assets company plans to register/own

Authors

Alex Denne

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

Relevant legal definitions






























Clauses

























Relevant Industries

Marketing and Advertising

Digital Media

Public Relations

Event Management

Market Research

Brand Consulting

E-commerce

Retail

Technology

Professional Services

Media and Entertainment

Relevant Teams

Legal

Compliance

Corporate Governance

Marketing

Business Development

Operations

Administration

Corporate Affairs

Board of Directors

Executive Leadership

Relevant Roles

Company Secretary

Corporate Lawyer

Legal Counsel

Compliance Officer

Chief Executive Officer

Managing Director

Marketing Director

Business Development Manager

Chief Operating Officer

Board Director

Company Director

Chief Marketing Officer

Legal Administrator

Corporate Governance Officer

Industries








Teams

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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