Form of Memorandum. The Memonmdum of a company must be in one of the Forms given in Schedule I of the Act. The Fonns are applicable
to different types of companies. The prescribed Forms are as follows:
Table B . A company limited by shares.
Table C . A company limited by guarantee and not having a sharecapita I.
Table D . A company limited by guarantee and having a sharecapital.
Table E . A company having unlimited liability.Contents or Clauses of Memorandum. The memorandum of a
company limited by shares must contain the following clauses:
I. Name clause. 2. Registered office clause, 3. Objects clause, 4.
Liability clause. 5. Capital clause, 6. Association or subscription clause.
1. Name Clause. This clause of 'memorandum of association' contains the name of the proposed company. The company being a legal person.
must have a name to establish its identity. As a matter of fact, the name is the symbol of personal existence of the company. A company may choose any
suitable name it likes. Howcver, the following rules must be observed while selecting the name of a company:
I. A company cannot adopt a name which is undesirable in the opinion of the Central Government. A name which is too identical with or to closely
resembles the name of an existing company may be deemed to be undesirable by the Central Government (Section 20). If a company, inadvertently, is
registered by an identical name, the court will grant an injunction to use that name (Erring Vs. Buttercup Margarine Co. Ltd.)
2. The name of a company should not contain those words and pictures the use which has been prohibited under the Emblems and Names (Prevention of
Improper Use) Act, 1950, e.g., U.N.O., W.H.O, pictorial representation. of Mahatma Gandhi, Prime Minister of India, etc.
3. The public company with limited liability must add the word 'Limited' at the end of its name, and the private (;company the word 'Private Ltd.'. The
Central
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