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Articles Of Association And Memorandum Of Association

Articles Of Association And Memorandum Of Association Template for Malaysia

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Key Requirements PROMPT example:

Articles Of Association And Memorandum Of Association

"I need Articles of Association and Memorandum of Association for a new Malaysian tech startup with plans to seek venture capital funding by March 2025, including provisions for multiple share classes and a employee share option scheme."

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Document background
The Articles of Association and Memorandum of Association are fundamental constitutional documents required for company incorporation in Malaysia. These documents, regulated under the Companies Act 2016, must be filed with the Companies Commission of Malaysia (SSM) during the company registration process. They outline the company's internal management structure, shareholders' rights, directors' duties, and operational procedures. The documents serve as a contract between the company and its members, and between the members themselves. Any company looking to incorporate in Malaysia must prepare these documents in compliance with local laws and regulations, ensuring they contain all mandatory provisions while allowing for flexibility in business operations. The contents must align with Malaysian corporate law requirements and can be amended through special resolutions as the company evolves.
Suggested Sections

1. Company Name and Registration: States the company name and registration details as approved by the Companies Commission of Malaysia

2. Interpretation: Defines key terms used throughout the document

3. Type of Company: Specifies whether the company is private or public, limited by shares or guarantee

4. Share Capital: Details the company's share capital structure, classes of shares, and rights attached to shares

5. Members and Shareholding: Provisions regarding membership, share transfers, and shareholders' rights

6. General Meetings: Rules and procedures for conducting general meetings, including notice periods and voting

7. Directors: Appointment, removal, powers, and duties of directors

8. Management and Administration: Company management structure and administrative procedures

9. Company Secretary: Requirements and duties of the company secretary

10. Accounts and Audit: Financial reporting requirements and audit procedures

11. Dividends and Reserves: Policies on dividend declaration and maintenance of reserves

12. Notices: Methods and requirements for serving notices to members

13. Winding Up: Procedures for company dissolution and winding up

14. Indemnity: Provisions for indemnifying officers and directors

Optional Sections

1. Preference Shares: Detailed provisions for preference shares if the company plans to issue them

2. Board Committees: Structure and functions of specialized board committees for larger companies

3. Alternative Dispute Resolution: Procedures for resolving disputes through mediation or arbitration

4. Electronic Communications: Provisions for electronic meetings and communications if company wants to modernize operations

5. Share Buy-Back: Procedures for company purchasing its own shares if this flexibility is desired

6. Subsidiary Companies: Provisions relating to subsidiary companies if group structure is anticipated

7. Foreign Ownership: Special provisions regarding foreign ownership if relevant to the business

Suggested Schedules

1. Schedule 1: Share Capital Structure: Detailed breakdown of share classes and rights

2. Schedule 2: First Directors: Details of the first directors of the company

3. Schedule 3: Company Secretary: Details of the first company secretary

4. Schedule 4: Shareholders Agreement: Reference to or summary of any shareholders agreement

5. Schedule 5: Corporate Representatives: Appointment procedures for corporate representatives

6. Appendix A: Proxy Form: Standard form for appointing proxies for general meetings

7. Appendix B: Board Resolution Templates: Standard templates for common board resolutions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


































Clauses






































Relevant Industries

Financial Services

Manufacturing

Technology

Retail

Professional Services

Real Estate

Healthcare

Education

Construction

Energy

Agriculture

Transportation

Telecommunications

Mining

Hospitality

E-commerce

Relevant Teams

Legal

Corporate Secretarial

Compliance

Corporate Governance

Board of Directors

Executive Management

Risk Management

Corporate Affairs

Shareholder Relations

Administrative

Relevant Roles

Chief Executive Officer

Company Secretary

Corporate Lawyer

Legal Counsel

Compliance Officer

Board Director

Chief Financial Officer

Corporate Governance Officer

Risk Management Officer

Company Director

Managing Director

Board Chairman

Shareholder Relations Manager

Corporate Affairs Manager

Legal Administrator

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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