An MOI … 4.5 The Board or a person authorised by the Board may alter the … The Companies Act imposes certain specific requirements on the content of a Memorandum of Incorporation… specify, by way of an amendment to this Memorandum, the terms on which and the manner in which any such preference shares shall be redeemed. What is a MOI? Memorandum of Incorporation. 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, and by which a company is incorporated in the Act or a pre-existing company was structured before the date that the Act comes … A Memorandum of Incorporation is a document that spells out the rights, responsibilities, and duties of the directors, shareholders and other important personalities in a particular organisation. R 0.00. 1.2 This Memorandum does not: 1.2.1 contain any restrictive conditions contemplated in section 15(2)(b) … How to remove entrenched provisions. This guide is intended to serve as a guideline to the drafting of a new MOI as required by the Act (read together with the Companies Amendment … Category: Free Legal Documents. Description Standard CIPC form to be used when notifying CIPC of amendments … PART 1: INTRODUCTION 1. Bodies Corporate within the HOA 8 8. The Memorandum of Incorporation is registered with CIPC (The Corporate and Intellectual Property Commission) when the Company is registered. Directors 16 15. united states securities and exchange commission washington, dc 20549 form 6-k report of foreign private issuer pursuant to rule 13a-16 or 15d-16 of With the new Companies Act of 2008, there is no longer a need both the Memorandum of Incorporation … Memorandum of Incorporation; 1.2.5 in any instance where there is a conflict between a provision (be it expressed, implied or tacit) of this Memorandum of Incorporation and – 1.2.5.1 a provision of any Shareholders Agreement, the provision of this Memorandum of Incorporation … : 1979/003231/06 . ALTERATION OF SHARES 10.1 Any amendment to this Memorandum … The Memorandum of Incorporation replaces the previous Articles and Memorandum of Association. INTRODUCTION Shareholder information 1.1 The Memorandum of Incorporation in the prescribed form contemplated in section 13(1)(a)(i) of the Act shall not apply to the Company. Amendment of Memorandum of Incorporation (MOI) The MOI is regarded as the Constitution of the organisation and members have the opportunity to amend the document with adequate and lawful … This document can also be found in Memorandums and Articles of Association Folder, in the Amending Company Constitution Subfolder as well as in Company Secretary and Administration Folder, in the Role and Appointment of a Company Secretary Subfolder, entitled Shareholders’ Special Resolution - Amendment to Memorandum … Bodies Corporate within the HOA 8 8. This article serves as the first of five instalments dedicated to addressing the five most significant amendments proposed by the Bill and the writer’s comments thereon. Alteration or Amendment of Memorandum of Incorporation 8 7. Article 2 – Members and Directors of the HOA 9 9. MEMORANDUM OF INCORPORATION FOR A NON PROFIT COMPANY WITH MEMBERS Name of company: ... 4.4 The Board shall ensure that a copy of any amendments that have been made to the MOI have been provided to the Commissioner for the South African Revenue Service within 30 (thirty) days of having effected such amendments. Memorandum of Association is a legal document of the company prepared at the time of incorporation of the company with an option to carry out alteration of memorandum of association as and when required to define the various clauses as per Schedule I under the Companies Act. Under this old act there were two documents known as the M&A: 1. 2 1. 39 AMENDMENT TO MEMORANDUM.....45 40 COMPANY RULES.....45 . Memorandum of Incorporation; 1.2.3 in any instance where there is a conflict between a provision (be it expressed, implied or tacit) of this Memorandum of Incorporation and – 1.2.3.1 a provision of any agreement between Shareholders as contemplated in section 15(7) of the Act, the provision of this Memorandum of Incorporation shall prevail to ANNEXURE A: MEMORANDUM OF INCORPORATION AMENDMENT. Amendment of Memorandum of Incorporation (MOI) The MOI is regarded as the Constitution of the organisation and members have the opportunity to amend the document with adequate and lawful inputs. the memorandum of incorporation of the Company, as amended from time to time; “MOI Amendments” the amendments proposed to the current MOI in order to amend certain terms of the Class D, Class E, … The Minister of Trade and Industry published the Companies Amendment Bill, 2018 (the “Bill”) for public comment on 21 September 2018. Notice of Amendment of Memorandum of Incorporation – Form CoR 15.2 . vi) If the amendment to this Memorandum has altered this Memorandum, the Company must submit a copy of … Such a proposed amendment is welcomed. The Racing Association NPC: Memorandum of Incorporation Companies and Intellectual Property Commission Republic of South Africa MEMORANDUM OF INCORPORATION OF THE RACING ASSOCIATION NPC (Registration number: 1997/019092/08) (“the Company”) A Non-Profit Company The amendments to this Memorandum of Incorporation were approved in terms of special resolutions … INTRODUCTION Shareholder information 1.1 The Memorandum of Incorporation … The MOI sets out the rules governing the conduct of the company, as specified by its owners. Description Standard CIPC form to be used when notifying CIPC of amendments to a company’s MOI. As amended … 3. 1 1 As amended by special resolution on 21 November 2014. This document can also be found in Memorandums and Articles of Association Folder, in the Amending Company Constitution Subfolder as well as in Company Secretary and Administration Folder, in the Role and Appointment of a Company Secretary Subfolder, entitled Shareholders’ Special Resolution - Amendment to Memorandum of Association. Republic of South Africa Companies Act, No 71 of 2008, as amended MEMORANDUM OF INCORPORATION FOR A PUBLIC COMPANY Name of company: SIBANYE GOLD LIMITED Registration Number:2002/031431/06 This Memorandum of Incorporation (“MOI”) was adopted by Special Resolution passed on 24 May 2016, a copy of which was Filed, together with the notice of amendment… MFA NPC Memorandum of Incorporation 16/01/2020 8 remedies of any other person in terms of this MOI or otherwise, the Board shall expeditiously: 4.3.1 assess that amendment to the Companies Act and/or … 1. Download Free. So if the CIPC does not respond to the notice of amendment within 10 business days, it will be deemed that the MOI amendment is effective and the CIPC will be precluded from rejecting the MOI amendment after the 10 business days has elapsed (even if material grounds exist to do so). Download Free. INTERPRETATION 1.1. A company may … The proposed amendment states that the amendment of a company’s MOI will take effect 10 business days after the receipt of the notice of amendment, if the Companies and Intellectual Property Commission (“CIPC”) after the expiry of the 10 business days has (i) not endorsed the notice of amendment; or (ii) failed to deliver a rejection of the notice of amendment to the company with reasons. Accreditation of Estate Agents 15 14. AfroCentric INTEGRATED ANNUAL REPORT 2016 119 1. The Memorandum of Association which was the founding document of a company. Memorandum of Incorporation of (Insert Name of Company ) _____ which is a private company, has at least _____ director(s) and _____ alternate director(s), is authorised to issue no more than_____ shares of a single class of shares as described in Article 2, and is referred to in the rest of this Memorandum of Incorporation as “the Company”. File a Notice of Amendment of its Memorandum of Incorporation that sets out the changes effected by the board; or at any other time, In respect of profit companies, when a special resolution to amend it was proposed by the board of the company or shareholders entitled to exercise at least 10% of voting rights and such proposal was adopted at a shareholders meeting. AMENDMENT OF MEMORANDUNM OF INCORPORATION ..... 37! The full MOI document has been made available on SAMRO’s portal and can be … Membership 9 10. The Act gives companies a two year “transitional” or “grace” period – in which to comply with the new Act. 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