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Board Resolution - To subscribe to MOA

Counselvise
Published on 07/01/2025
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Board Resolution - To subscribe to MOA

Counselvise
Corporate Law / Company Law

Template Description

This board resolution template is a professionally crafted 2-page MS Word document designed to formalize a company's decision to subscribe to the Memorandum of Association (MOA) during incorporation. It is essential for companies, company secretaries, and legal professionals involved in the incorporation process.

 

Understanding a Board Resolution for Subscription to MOA

Terminologies:


  1. 'Board Resolution': An official document that records the decisions made by a company's board of directors during a board meeting, in accordance with the Companies Act 2013.
  2. 'Memorandum of Association (MOA)': A legal document that outlines a company's constitution and defines its relationship with shareholders.
  3. 'Subscriber': An individual or entity that agrees to take shares in a company and whose name is entered in the MOA at the time of incorporation.

 

Procedure for Subscription to MOA:


Convene Board Meeting:

  • Schedule a meeting of the board of directors.
  • Hold the meeting at the company's registered office or another agreed-upon location.


Approval of Subscription:

  • Pass a resolution authorizing the company to subscribe to the MOA for incorporation purposes.
  • Specify the number of shares to be subscribed and the names of the subscribers.


Authorize Signatories:

  • Designate individuals authorized to sign and execute the MOA on behalf of the company.
  • Provide their names, designations, and specimen signatures.


Compliance with Legal Requirements:

  • Ensure adherence to the provisions of the Companies Act 2013 and other relevant regulations.
  • Confirm that all necessary documents are prepared and duly signed.


Filing with Registrar of Companies (RoC):

  • Submit the signed MOA along with other incorporation documents to the RoC.
  • Pay the requisite fees and comply with any additional requirements.

 

Key Considerations:

  • Clearly define the roles and responsibilities of authorized signatories.
  • Ensure all information in the MOA is accurate and complies with legal standards.
  • Maintain proper records of the board resolution and related documents for future reference.
  • Be aware of the timelines for filing documents with the RoC to avoid penalties.

 

Conclusion

Subscribing to the Memorandum of Association is a fundamental step in the incorporation of a company. This board resolution template facilitates the formalization of the company's intent to subscribe to the MOA, designates authorized personnel, and ensures compliance with statutory requirements. Utilizing this template aids in a seamless incorporation process, laying a solid foundation for the company's legal existence.