A company’s (MOA) memorandum of association is its constitution containing permitted activities the company can carry out, and important details such as jurisdiction of incorporation, capital of the business, kind of company, and liability of the members among others.
The alteration of the legal corporate document is often needed for when it has to change its name that it’s been operating with, shifting the company’s registered office to another jurisdiction, alteration to the some of the MOA clauses such as capital clause, objects clause, or increasing the company’s authorized share capital. Addendum drafting for memorandum of association follows the passing of a board resolution stating the intent of shareholders of the company to draft an addendum for its memorandum of association.
For the actual drafting of the addendum or alternation of the MOA, it is best to seek the help of experts or corporate lawyers in UAE. Experts will be able to complete the drafting of the amendment as well as the filing or registration in just a matter of days. Duration for the completion of the process is subject to how soon the company can submit the required documents as well as government agencies’ processing time.
When an Amendment or Alteration to a MOA is Possible
There are several reasons as to why a company would want to have the MOA amended and they include:
- Change of name
- Increase in the company’s authorized share capital
- Changing the liability of a member of members of the company
- Change of company’s registered office
- Change of the company’s main business object or objects
- Change or addition of company’s business activities
- Change in the category or legal form of the company
How Experts can Help
- Draft company addendum for memorandum of association
- Compile requirements for filing such as company board resolution stating intent to change MOA
- Apply for a new registration certificate (if needed e.g. for change of registered office or name change)
- Provide copies of updated memorandum of association and/or articles of association
Process for MOA Amendment
When a business desires to amend its memorandum of association, it first has to conduct a meeting with the board of directors. A general meeting will be convened for members. The necessary resolution will then be passed in the General Meeting and an expert will help in the filing of the necessary forms with the relevant authorities in UAE. A receipt or amendment of MOA certificate will be given to the company once the process is complete.
Memorandum of Association Addendum Drafting in UAE
An expert in UAE will be able to provide help not only in the drafting of memorandum of association addendum but also registering it with the authorities for you. At Notary Public Dubai, we have corporate lawyers that will be able to provide you with timelines and assistance in fully complying to relevant local regulations. We’ll file your applications timely and carry out the legal formalities with the ministry in order to effectuate amendment of your MOA. Call us today for more information!
How does a MOA and AOA differ?
MOA defines the organization’s powers, objectives, and constraints while AOA describes a company’s liabilities, rights, and duties.
Is a Memorandum of Association a Public Document?
A MOA, as per the Companies Act, is a public document.
Hassan Humaid Al Suwaidi is a UAE Citizen and the founder of the firm HHS Lawyers. He has a vast experience of 20 years of dealing with high-value and complex notary requirements. Hassan has been involved in some of the largest legal settlements in the UAE and is commended for his ability to attain the most favourable outcomes for his clients.