The Memorandum of Association of Marketing Company is a crucial incorporation document required under Malaysian law, specifically the Companies Act 2016, when establishing a marketing company in Malaysia. This document must be filed with the Companies Commission of Malaysia (SSM) during the company registration process and serves as the company's constitutional foundation. It contains essential information about the company's structure, objectives (particularly focusing on marketing services), share capital, and operational scope. The memorandum is vital for defining the company's relationship with external stakeholders and establishing its legal capacity to conduct business in Malaysia. It includes specific provisions relevant to marketing activities, digital operations, and related services, while ensuring compliance with Malaysian corporate regulations and industry-specific requirements.
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1. Company Name and Registration: States the company's name and registration details in accordance with the Companies Act 2016
2. Registered Office: Specifies the location of the company's registered office in Malaysia
3. Objects of the Company: Details the primary and secondary business objectives, focusing on marketing services and related activities
4. Limited Liability: Declaration that members' liability is limited to their share capital
5. Share Capital: Details of the company's authorized share capital, types of shares, and rights attached
6. Rights and Powers: Outlines the general powers and rights of the company to conduct its business
7. Restrictions on Powers: Any limitations on the company's powers or activities
8. Shareholders' Rights: Details the rights, privileges, and conditions attached to shareholding
9. Directors and Management: Provisions regarding appointment, removal, and powers of directors
10. General Meetings: Rules and procedures for conducting shareholder meetings
11. Voting Rights: Procedures and rights for voting at general meetings
12. Financial Matters: Provisions regarding accounts, audits, and financial management
1. Additional Business Activities: Detailed list of secondary business activities when the company plans to diversify beyond core marketing services
2. Digital Operations: Specific provisions for digital marketing operations when the company focuses on online services
3. International Operations: Provisions for international business activities when the company plans to operate across borders
4. Intellectual Property Rights: Specific provisions for handling IP rights when the company creates proprietary marketing tools or methods
5. Share Classes: Additional share classes and their rights when the company has complex share structures
6. Advisory Board: Provisions for establishing and managing an advisory board when required
1. Schedule 1: Initial Subscribers: Details of the founding shareholders and their initial shareholdings
2. Schedule 2: Share Capital Structure: Detailed breakdown of share classes, rights, and nominal values
3. Schedule 3: First Directors: List of first directors and their details
4. Schedule 4: Company Secretary: Details of the appointed company secretary
5. Schedule 5: Business Activities: Comprehensive list of permitted business activities and services
6. Appendix A: Forms of Share Certificates: Templates for share certificates
7. Appendix B: Company Seal: Design and usage rules for the company seal
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