The Memorandum of Association of Cosmetic Company is a mandatory document required during the incorporation of any cosmetic company in India. It serves as the company's charter, defining its powers and limitations while operating within the cosmetics industry. This document is essential when establishing a new cosmetic company or modifying an existing company's fundamental characteristics. It must comply with the Companies Act, 2013, the Drugs and Cosmetics Act, 1940, and various other regulations specific to the cosmetics industry. The MOA contains crucial information about the company's objectives, particularly relating to cosmetic manufacturing, trading, or distribution, its authorized capital, liability structure, and registered office location. It acts as a public document that allows stakeholders, investors, and regulatory authorities to understand the company's scope and limitations.
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1. Name Clause: States the name of the company with 'Limited' or 'Private Limited' suffix, ensuring compliance with naming regulations
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 related to cosmetic manufacturing, trading, and associated activities
4. Liability Clause: Declares the limited liability nature of the company and members' liability limits
5. Capital Clause: States the authorized share capital of the company, types of shares, and their nominal value
6. Association Clause: Declaration by subscribers expressing their desire to form the company and their agreement to take shares
1. Subsidiary Objects Clause: Additional business activities the company may undertake, used when planning future diversification
2. Foreign Operations Clause: Include when company plans to operate internationally or import/export cosmetic products
3. Research and Development Clause: Specific clause for companies planning to conduct R&D in cosmetic formulations
4. E-commerce Activities Clause: Include when planning online sales and digital distribution channels
5. Manufacturing Specifications: Detailed manufacturing scope, needed when company plans in-house manufacturing
1. Schedule I - Subscriber Information: Details of initial subscribers including names, addresses, occupations, shares subscribed, and signatures
2. Schedule II - Capital Structure: Detailed breakdown of share classes, rights, and privileges attached to different types of shares
3. Schedule III - Product Categories: List of cosmetic product categories the company intends to manufacture or trade
4. Schedule IV - Compliance Declaration: Declaration of compliance with Drugs and Cosmetics Act and other relevant regulations
5. Schedule V - Initial Directors: Details of first directors of the company and their consent to act as directors
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