May 19th, 2015
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American Commercial College - Abilene
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THE COMPANY'S CONSTITUTIONThe constitution of a registered company consists of two documents, namely, the memorandum of association and the articles of association. The contents of these documents will now be examined in detail. 3.1The Memorandum of AssociationDefinitionIn relation to companies registered under the Companies Act, a Memorandum of Association was judicially defined by Lord Cairns in Ashbury Railway Carriage Co Ltd v Riche as "the charter" which "defines the limitation of the powers of a company to be established under the Act".3.1.3ContentsThe contents of a Memorandum of Association are prescribed by Section 5 of the Companies Act and comprise the following 6 clauses:(a)Name Clause;(b)Registered Office Clause;(c)Objects Clause; (d)Limitation of liability Clause; (e)Capital Clause; and (f)Association Clause.The "association clause" is not prescribed by Section 5 but is found as one of the clauses in Table B in the first Schedule to the Act.3.1.4Statutory FormSection 14 of the Act provides that the form of the Memorandum of Association of a company limited by shares shall be in accordance with the form set out in Table B, or as near there to as circumstances admit. TABLE BFORM OF MEMORANDUM OF ASSOCIATION OF A COMPANY LIMITED BY SHARES1st-The name of the company is "Top Financiers Company Limited".2nd-The registered office of the company will be situate in Kenya at Kimathi university.3rd-To pa

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