The Memorandum of Association of Pharmaceutical Company is a crucial incorporation document required under Malaysian law when establishing a pharmaceutical company. This document must be filed with the Companies Commission of Malaysia (SSM) and comply with both the Companies Act 2016 and specific pharmaceutical regulations. It serves as the foundation for the company's existence, outlining its objectives, powers, and limitations in conducting pharmaceutical business activities. The document is particularly important as it must address both standard corporate requirements and industry-specific regulations governing pharmaceutical manufacturing, research, and distribution. It needs to align with requirements from the National Pharmaceutical Regulatory Agency (NPRA) and include provisions for Good Manufacturing Practice (GMP) compliance, quality control standards, and other pharmaceutical-specific operational parameters.
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1. Name Clause: States the registered name of the pharmaceutical company as approved by the Companies Commission of Malaysia
2. Registered Office Clause: Specifies the location of the registered office in Malaysia
3. Objects Clause: Details the business objectives, specifically relating to pharmaceutical manufacturing, research, distribution, and related activities
4. Limited Liability Clause: Declaration that members' liability is limited to their share capital
5. Share Capital Clause: States the authorized share capital and types of shares
6. Compliance Declaration: Statement of compliance with pharmaceutical regulations and licensing requirements
7. Powers of the Company: Enumeration of company powers to carry out pharmaceutical business activities
8. Restrictions and Limitations: Specific restrictions on company activities in line with pharmaceutical regulations
1. Research and Development Clause: Additional provisions for companies planning to conduct pharmaceutical research and development
2. International Operations: Specific provisions for companies planning to engage in international pharmaceutical trade
3. Intellectual Property Rights: Detailed provisions for companies focusing on drug development and patents
4. Joint Venture Provisions: Special provisions for pharmaceutical companies formed as joint ventures
5. Special Share Rights: Provisions for different classes of shares if the company plans to issue specialized share types
1. Schedule 1: Share Capital Structure: Detailed breakdown of share classes, rights, and nominal values
2. Schedule 2: Initial Subscribers: List of founding shareholders with their shareholding details
3. Schedule 3: Pharmaceutical Licenses: List of required licenses and permits for pharmaceutical operations
4. Schedule 4: Regulatory Compliance: Detailed requirements for compliance with pharmaceutical regulations
5. Appendix A: Good Manufacturing Practice Guidelines: Reference to specific GMP standards the company will adhere to
6. Appendix B: Quality Control Standards: Detailed quality control and assurance standards for pharmaceutical operations
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