Memorandum and articles are public documents. They are inter-linked and require to be registered for the formation of a company. Where there is any ambiguity or where the memorandum is silent on any point, the articles may serve to explain or supplement the memorandum. Beyond this, the two documents have nothing in common and differ from one another in the following respects:
1.
Memorandum of association is the charter of the company and defines the
scope of its activities. Articles of association of the company is a
document which regulates the internal management of the company. These
are the rules made by the company for carrying out the objects of the
company as set out in the memorandum. 2.
Memorandum of association defines the relation of the company with the
rights of the members of the company interest and also establishes the
relationship of the company with the members. 3.
Memorandum of association cannot be altered except in the manner and to
the extent provided by the act, whereas the articles being only the
byelaws of the company can be altered by a special resolution. 4.
Memorandum is a supreme document of the company whereas articles are
subordinate to the memorandum. They cannot alter or control the
memorandum. 5.
Every company must have its own memorandum. But a company limited by
shares need not register its articles. In such a case table A applies. 6.
A company cannot depart from the provisions contained in its
memorandum, and if it does, it would be ultra-vires the company.
Anything done against the provisions of articles, but which is
intra-vires the memorandum, can be ratified.
What is report in a memorandum form?
A
report is a communication from some one who has information to someone
who wants to use that information. There are two types of preparing a
report like report in a letter form and report hi a memorandum form.
Memorandum denotes an internal letter which are shorter and less formal
than an average report.
A
report in memorandum form despense with both opening. Salutation and
complementary close. These are also known as inter office reports or
inter-organisation reports. Reports in memorandum form serve the
following purposes: (a) It maintains record of meeting, conferences and discussions and thereby serve as a reminder. (b) Information on policy decision are conveyed both upward and downward within the organization. (c) If maintains regular flow of information across the different levels of the organization.
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