Memorandum Of Association Of Real Estate Company

Memorandum Of Association Of Real Estate Company Template for India

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Key Requirements PROMPT example:

"I need a Memorandum of Association of Real Estate Company for my new residential property development firm that will be incorporating in Mumbai by March 2025, with provisions for accepting foreign investment and the ability to develop properties across multiple Indian states."

Document background

The Memorandum of Association of Real Estate Company is a mandatory document required under Indian law when incorporating a real estate company. It serves as the company's charter and defines its fundamental characteristics and scope of operations. This document is essential during the company registration process with the Registrar of Companies (ROC) and must comply with the Companies Act, 2013, RERA 2016, and other relevant real estate regulations. It contains crucial information about the company's name, registered office, objectives, share capital, and liability structure. The MOA is particularly important for real estate companies as it needs to specifically outline permitted real estate activities, development rights, property management scope, and related business operations. This document is referenced throughout the company's lifetime for determining the scope of permissible business activities and is essential for stakeholders, investors, and regulatory compliance.

Suggested Sections

1. Name Clause: States the company name and specifies if it's a private or public company

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

3. Objects Clause: Details the main objects, ancillary objects, and other objects related to real estate business activities

4. Liability Clause: Declares the liability status of members/shareholders

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

6. Association/Subscription Clause: Declaration by subscribers to form the company and their agreement to take shares

Optional Sections

1. Other Business Activities: Additional business activities related to real estate that the company may undertake, used when planning diversification

2. Foreign Investment Provisions: Specific provisions regarding foreign investment in the company, required if planning to accept foreign investment

3. Joint Venture Provisions: Provisions for joint venture possibilities, included if planning strategic partnerships

4. Subsidiary Formation: Provisions for forming subsidiary companies, included if business expansion is planned

5. Special Rights: Special rights or restrictions on shares, used when creating different classes of shares

Suggested Schedules

1. Schedule I - Share Capital Structure: Detailed breakdown of the company's share capital structure, including types of shares and their rights

2. Schedule II - Initial Subscribers: Details of initial subscribers including their names, addresses, occupations, and number of shares subscribed

3. Schedule III - Property Details: List of initial properties or land banks owned by or promised to the company

4. Schedule IV - Directors: Details of first directors of the company

5. Schedule V - Related Business Activities: Detailed list of related business activities within the real estate sector

6. Appendix A - Forms of Share Certificates: Templates of share certificates to be issued by the company

7. Appendix B - Company Seal: Design and description of the company seal

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate Development

Construction

Property Management

Commercial Real Estate

Residential Real Estate

Industrial Real Estate

Real Estate Investment

Infrastructure Development

Urban Planning

Retail Real Estate

Hospitality Real Estate

Relevant Teams

Legal

Compliance

Corporate Secretarial

Senior Management

Board of Directors

Property Development

Corporate Affairs

Business Development

Finance

Risk Management

Corporate Strategy

Relevant Roles

CEO

Managing Director

Company Secretary

Legal Counsel

Compliance Officer

Real Estate Developer

Property Manager

Business Development Manager

Corporate Lawyer

Director of Operations

Chief Financial Officer

Board Member

Property Development Manager

Real Estate Investment Manager

Corporate Strategy Director

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