The Memorandum of Association and Articles of Association of a Company are essential corporate documents required when establishing a new business entity in the United States. While these terms are more commonly used in British corporate law, their U.S. equivalents (Certificate of Incorporation and Bylaws) serve the same fundamental purpose. These documents are required for legal incorporation, define the company's relationship with external stakeholders, and establish internal governance procedures. They must comply with state corporation laws, typically following Delaware General Corporation Law or other state-specific requirements, and need to be filed with the Secretary of State in the jurisdiction of incorporation.
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1. Company Name and Details: Legal name of the company, registered address, and type of company
2. Purpose Clause: Statement of the company's business objectives and permitted activities
3. Capital Structure: Details of authorized share capital, classes of shares, and par value
4. Board of Directors: Powers, duties, appointment procedures, and meeting requirements
5. Shareholders Rights: Voting rights, dividend rights, and transfer restrictions
6. General Meetings: Procedures for annual and extraordinary general meetings
1. Pre-emptive Rights: Rights of existing shareholders to have first right to purchase new shares before they are offered to external parties
2. Tag-Along Rights: Provisions allowing minority shareholders to join in the sale of shares when a majority shareholder sells their stake
3. Drag-Along Rights: Provisions allowing majority shareholders to force minority shareholders to join in the sale of the company
1. Initial Subscribers: List of founding shareholders and their initial shareholdings
2. Share Certificate Template: Standard form for share certificates
3. Board Resolution Templates: Standard forms for common board resolutions
4. Corporate Seal Specimen: Image and description of the corporate seal
5. Initial Officers: List of initial officers and their positions
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