Memorandum of Association
The memorandum of association is a document depicting and describing the objective of its existence and its operation. It defines the permitted range of enterprise. Care must be taken to draft this document so meticulously as to confer all powers on the society, which will be reasonably required for total attainment of the objects.
Format of Memorandum of Association
The Memorandum of Association as per the principle Act and Acts passed by various State Governments should contain:
- name of the society
- the objects of the society
- the names, addresses and occupation of the members of the governing body and
- the place of registered office of the society
Guidelines for Drafting Memorandum of Association
Name of Society
- The Registrar of Society may be approached with alternative names to ascertain whether the same are not undesirable and are not being used by other existing societies,
- It should not suggest obscenity or the decency and decorum
- It should not be likely to promote disharmony or feelings of enmity or hatred or ill-will between different religions, racial or regional groups or casts or communities
- It should not be identical or nearly resemble with the name of existing registered society
- It may end with the word ‘trust’
- The name should be such that it does not attract the provisions of emblems and names (prevention of improper use) Act, 1950.
- It should not suggest or be calculated to suggest the patronage of the Government of India or connection with local authority or any corporation or body constituted by the government under any law for the time being in force.
- If it is proposed to give all India character to the society and words ‘all India’ or " Akhil Bharatiya "are to form part of name the society must have its constituents in atleast eight different states of Indian union.
- Words ‘cooperative’, ‘land development’, ‘reserve bank’, ‘union’, ‘state’, or any other word expressing or implying the sanction approval or patronage of the central or any state government and ‘Municipal’ or ‘Chartered’ or any word which suggests or be calculated to suggest connections with any municipality or other legal authority may not be used without the previous sanction in writing of such authority.
- The above provisions while selecting a name for the proposed society may guide the subscriber of the Memorandum of Association. The Registrar has the power to refuse registration if the name is inconsistent with these guidelines.