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Moa and aoa

Rajesh (student) (76 Points)

18 December 2010

In case of clashes b\w MOA AND AOA which will be prefer

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12 Replies

Krishna Teja (Chartered Accountant) (1007 Points)
Replied 18 December 2010

MOA should be preferred over AOA

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(Guest)

MOA will prevail if anything contrary is given in AOA ...........

Lakshmi (Student) (1836 Points)
Replied 18 December 2010

Originally posted by : Jyotsna
	MOA will prevail if anything contrary is given in AOA ...........

(Guest)

Originally posted by : krishna teja
	MOA should be preferred over AOA

CA Deepesh Ruhela (Keen to Learn) (3271 Points)
Replied 19 December 2010

Originally posted by : Jyotsna
	MOA will prevail if anything contrary is given in AOA ...........

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CA ANKUSH AGGARWAL (CHARTERED ACCOUNTANT) (2782 Points)
Replied 19 December 2010

Originally posted by : Jyotsna
	MOA will prevail if anything contrary is given in AOA ...........

SANYAM ARORA (“It's hard to beat a person who never gives up.”) (20168 Points)
Replied 19 December 2010

moq should be preferred over aoa...!!! @ ! @

CA Saba Naaz (Chartered Accountant) (8487 Points)
Replied 19 December 2010

Originally posted by : Jyotsna
	MOA will prevail if anything contrary is given in AOA ...........

2 Like

CA Himanshu Bansal (Risk Manager) (2345 Points)
Replied 20 December 2010

Definately MOA will overpower.

CA. Dashrath Maheshwari (TaXpert) (15103 Points)
Replied 20 December 2010

MOA states the main, ancillary or subsidiary and any other objects of the proposed company whereas the AOA contains the rules and procedures for the routine conduct of such proposed company, and also the authorized share capital and names of its first or permanent directors.

The members of the company have full control over the articles of association and may alter them according to what they think fit in general meeting by special resolution.

Any provisions in a company's article will be ineffective if it is in conflict with the memorandum, the Companies Act or any other law for the time being in force.

Though the articles are subordinate to memorandum yet if there be any ambiguity in the memorandum, the article may be used to explain it but not so as to extend the objects.