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Sunny Honey (Student)     18 January 2009

MOA : 4 THOSE WHO CONSIDER THAT IT HAS NO LEGAL BINDING FORCE

MEMORANDUM OF ASSOCIATION forms the FUNDAMENTAL part of a companies operational, functional, executional as well as Directoral aspects during the course of its subsistence. I dont agree with the view point that MOA has not legal binding force. Its perfectally SHAM. MOA has equal binding force as it VIRES THE COMPANY VIA ITS INTERNAL, EXTERNAL REGULATORY ASPECT.  ANY CONTRACT OUT SIDE THE PURVIEW OF THIS INTERNAL/EXTERNAL  REGULATORY MEASURE 



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 6 Replies

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     18 January 2009

Dear Sameer,


Do you have any citations/authorities  in support of your stand or just expressing your opinion in the issue.

Sunny Honey (Student)     19 January 2009

With due respect, Yes Sir I have citations 2 quote.

Solicitor Chirag Shah (Advocate & Solicitor)     20 January 2009

Sameer,


Memorandum Of Association is a document containing various clauses which restricts the function of any company. It is very important doucment governing the affairs of the company.


In my views if MOA dont have any Legal Vadlidity you cant restrict the affairs of company, when MOA gives Boundrys to the Company It legaly Restrict hte affairs of company to some extant. If It dont have Legal Validity You cant restrict the affai and no Act of Company will be ultra-virus.


Kindly provide the sitation if possible.


.

Manish Singh (Advocate)     20 January 2009

Dear Sameer,


whom do you think at this forum who think that the MoA has no legal sanctity.

Manish Singh (Advocate)     20 January 2009

I am asking this because you have sent me a personal message about the legality of the MoA.


(Guest)

Mr./Ms. Sunny Honey,

 

If you have two citations, what prevented you to attach here in support of your opinion and for the examination of the members?

 

Moreover, your own views should also have been supported by some cogent reason on what ground you feel that the MOA has legal force, which is absent in your post.


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