Memorandum & Articles of Association

As part of our Company Formation Packages and registration service, we provide professionally drafted memorandums and articles of association for your new company.

The Companies Act 2006, which came fully into effect in October 2009, made some changes to the laws behind the creation and formation of companies, as well as their general running, which were intended to ease the pressure on entrepreneurs, while at the same time encouraging business growth within the UK.

Did you know? The Companies Act 2006 came into full effect from 1 October 2009 making many changes including the requirements surrounding Company Directors, accounts and reporting, as well as the Memorandum and Articles of Association

Memorandum of Association

One of the binding legal documents which has always been part of Company formation is the Memorandum of Association. The Companies Act has reduced the complexities of this document. From October onwards, it was intended that all new companies will only have to draft limited information into their memorandum. It only now needs to include the following:

The names of the members
The fact that they wish to form a company; and (if that company will have share capital)
An agreement to take at least 1 share each

Information that was previously required to be contained in the Memorandum of Association before registration can now be accepted in the form of statements made in the registration process.

Objects – What is the company set-up to do?

Historically, a Company was required to set out its objectives in the Memorandum of Association. For some Companies, this meant a long list of objects as they had to set out every possible avenue of enterprise. Section 31 of the Companies Act 2006 has gone some way to ease this burden. It is now assumed by the act that a company’s objects are unrestricted unless otherwise stated. Companies already set-up can choose to change their objects, removing them completely to allow them more freedom. To do so, they will have to give notice to the registrar. Our Limited Company Registration Service includes a draft of the memorandum of association, including the objects that might be relevant to your company, tailored made to meet your needs.

Articles of Association

Every Company must have Articles of Association – these set out how the Company will operate and include a break down of the Company management structure. Where this has not been carried out, the previous law (The Companies (Tables A to F) Regulations 1985) stated that a default ‘model’ would take precedent.

Under the Companies Act 2006, these ‘model articles’ now incorporate the common types of company (private limited companies limited by shares, those limited by guarantee and public companies). At the Companies Warehouse we know which models are best for your new company and how best to draft the articles of association.

At The Company Warehouse our team are all up-to-date on the current changes to the law and what needs to be included in both the Articles and Memorandums of Association. We can help in setting up your company by not only making sure that the right things are included but that the best possible draft is made for your company. Tailored made to meet your needs. We are experts in this field and can help make the process of setting up a new company smooth and satisfying.

Take a look at our various Company Formation Packages or contact a member of our help specialist company formation team to place an order or get support.