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Thursday, December 27, 2007

prohibited the distribution of the profits among its members

Government may, however, allow a company to drop these words from its name in case it has been formed for the promotion. of art, science or culture.
etc., and it has prohibited the distribution of the profits among its members (Section 25). .
Publication of Name (Section 147). Once the name is chosen and the compan)' is registered in that name, Section ]47 requires that it, alon!:,'with the
address of its registered office, must appear on the outside of every office or place of business (though inside the building) of the company in a
conspicuous manner in one of the local languages and on all chouse, bills, letters, notices and other official publications, etc., of the company.
2. Registered Office or Domicile Clause (Section 146). This clause of' memorandum of association' contains the name of the state in which the
Registered Office of the company is to be situated. Every company is required to have a registered office from the date on which it begins to carry on its
business or within 30 days of the date on which it is entitled to commence business, whichever is earlier. All communications and notices in respect of a
company are to be addressed to its registered office.
A Memorandum requires the state in which the company is registered. The Actual address of the registered office need not be given in the
Memorandum. It may be communicated to Registrar within 30 days from' the date of incorporation.
The situation ofa company's registered office determines the domicile of the company. The domicile is important to determine the jurisdiction of the
courts in which the legal actions are to be brought by or against the company.
3.obiects Clause (Section 13). If the Memorandum is the most important document of a company, object clause is the most important clause in the
memorandum.
(i) The main objects of the company to be pursued by the company on its incorporation;
(ii) Objects incidental or ancillary to the attainment of the main objects.
(iii) Other objects of the company not included in (i) and (ii) above.
In the case of companies (other than trading companies) with objects not confined to one state, the memorandum must state the state to whose
territories the objects extend.

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