Document background
The Articles of Association and Memorandum of Association (now collectively known as the Memorandum of Incorporation or MOI under the Companies Act 71 of 2008) are essential documents required for company incorporation in South Africa. These documents must be filed with the Companies and Intellectual Property Commission (CIPC) and serve as the foundation of corporate governance, detailing everything from share capital structure to management procedures. The documents are particularly crucial as they define the relationship between shareholders, directors, and the company itself, while ensuring compliance with South African corporate law requirements, including B-BBEE considerations where applicable. They are necessary for both private and public companies and must be drafted with careful consideration of the specific business needs, governance requirements, and future growth plans of the organization.
