The memorandum of incorporation is defined as a document that sets out the rights, duties and responsibilities of shareholders, directors and others within a company. All companies require a memorandum of incorporation (MOI)
The Companies Act imposes certain specific requirements on the content of an MOI, as necessary to protect the interests of shareholders in the company and provides for a number of default company rules. You can find out more from CIPC here .
The standard, or ‘short form’, MOI is provided by law by Companies and Intellectual Property Commission (“CIPC”) and is integrated into the company registration process ( you can preview a standard MOI here ). This may be sufficient for a single Director and Shareholder company, given control is concentrated and the MOI can be changed at a later date when additional investors join.
A customised MOI, however, allows shareholders to amend existing, or impose new, conditions, waive certain requirements or amend alterable provisions as they wish as long as it is in line with the Companies Act. This is very useful when there will be multiple shareholders and the rights and obligations of all parties need to be defined at the time of incorporation or investment.
We will draft a custom MOI suited to your unique shareholding requirements.
Creative CFO can help with this process and will:
When you check out you may select a quantity of 1 and we will get in touch with a confirmation of what information we will need from you to get started.
Please note we will provide two drafts through this process, one after the initial workshop and a final draft after the follow-up session. If there are further drafts required there will be an additional cost.
You may also consider a shareholders agreement in addition to the MOI, you can view this product here.
Disclaimer: All information as provided by you, is considered true and accurate and Creative CFO will not be held responsible or liable for any omissions or misrepresentation on your part.