Editable Legal Template (38 Pages).
The Memorandum of Incorporation (MOI) is the sole governing document of a South African Company. Some say the MOI is the ‘constitution’ of your Company. The Memorandum of Incorporation (MOI) defines:
- The rights, duties and responsibilities of Shareholders, Directors and others within a Company;
- The business activities of the Company;
- The procedures to be followed to make amendments to a current MOI; and
- By which a Company is incorporated in the Companies Act.
Certain specific requirements on the content of an MOI are imposed by the Companies Act, as necessary to protect the interests of the Company Shareholders. The Companies Act also provides for a certain number of default Company rules, which Companies may accept or alter while remaining in line with the Companies Act. If a Company does not change any of these alterable rules, the defaults prescribed by the Companies Act will apply.
The Memorandum of Incorporation (MOI) is one of the most important documents of your company and a vital part of Company registration. Be sure to start with a high quality template.
IP Braai can also assist in drafting your customised Memorandum of Incorporation (MOI). Feel free to get in touch with us.
- Microsoft® Word format for compatibility with most word processors
- Fully editable to customise as you see fit
- Legal approval by a qualified and experienced Attorney
Includes the following main sections:
- Definitions and interpretation
- Company administration
- Capitalisation and securities of the Company
- Shareholders meetings
- Directors and officers
- Power of the Board
- Executive Directors
- Directors meetings
- Directors compensation and financial assistance
- Indemnification of Directors
- Committees of the Board
- Annual budget
- Accounting records
- Annual financial statements
- Financial assistance
- Dividend policy
- Access to Company information
- Financial year end