Difference between MOA and AOA

When a company is incorporated, two important documents, a Memorandum of Association and Articles of Association, are always present. Have a look at MOA vs. AOA!

Memorandum of Association and Articles of Association
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Difference between MOA and AOA

The fundamental points of distinction between MOA and AOA are as follows:

Definition A Memorandum of Association (MOA) is a document that contains all the fundamental data required for the company incorporation. An Articles of Association (AOA) is a document containing all the rules and regulations that govern the company
Registration MOA must be registered at the time of incorporation. The articles may or may not be registered.
Scope The Memorandum is the charter, which characterizes and limits the powers and constraints of the organization. The articles demonstrate the obligations, rights, and powers of individuals endowed with the responsibility of running the organization and administration.
Status Supreme document. It is subordinate to the memorandum.
Power The memorandum cannot give the company power to do anything opposed to the provision of the companies act. The articles are constrained by the act, but they are also subsidiary to the memorandum and cannot exceed the powers contained therein.
Contents A memorandum must contain six clauses. The articles can be drafted according to the company’s decision.
Objectives The memorandum contains the objectives and powers of the company. The articles provide the regulations by which those objectives and powers will be conveyed into impact.
Validity The memorandum is the dominant instrument and controls articles. Any provision, as opposed to a memorandum of association, is invalid.

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