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Memorandum Of Association Of Investment Company

Memorandum Of Association Of Investment Company Template for Malaysia

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Key Requirements PROMPT example:

Memorandum Of Association Of Investment Company

"I need a Memorandum of Association of Investment Company for a Malaysia-based venture capital firm, focusing on tech startups in Southeast Asia, with an initial share capital of RM10 million and provisions for future capital raises up to RM50 million by March 2025."

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Document background
The Memorandum of Association of Investment Company is a crucial incorporation document required under Malaysian law when establishing an investment company. It must comply with the Companies Act 2016 and various financial services regulations, including those set by the Securities Commission Malaysia. This document is essential when incorporating an investment company that intends to engage in activities such as fund management, securities trading, or asset management in Malaysia. It contains vital information about the company's investment objectives, capital structure, shareholder rights, and operational scope. The memorandum serves as a fundamental reference point for regulators, shareholders, and company officers, establishing the boundaries within which the investment company can operate and defining its relationship with stakeholders.
Suggested Sections

1. Name Clause: States the registered name of the investment company as approved by the Companies Commission of Malaysia

2. Registered Office Clause: Specifies the location of the registered office in Malaysia

3. Objects Clause: Details the investment company's business objectives, permitted investment activities, and scope of operations

4. Liability Clause: States that the liability of members is limited by shares

5. Capital Clause: Specifies the authorized share capital, types of shares, and rights attached to different share classes

6. Investment Powers: Defines the company's powers regarding investment activities, including types of investments permitted and any restrictions

7. Directors' Powers and Duties: Outlines the authority and responsibilities of directors in managing the investment company

8. Shareholding Structure: Details the initial subscribers and shareholding pattern

9. General Meetings and Voting Rights: Establishes procedures for conducting meetings and exercising voting rights

10. Dividend and Reserve Provisions: Sets out rules for dividend distribution and maintenance of reserves

Optional Sections

1. Shariah Compliance: Required if the investment company offers Islamic investment products or services

2. Foreign Investment Provisions: Needed if the company plans to invest in foreign markets or accept foreign investments

3. Unit Trust Operations: Include if the company will operate unit trust schemes

4. Digital Asset Trading: Required if the company plans to deal with cryptocurrencies or digital assets

5. Private Equity Operations: Include if the company will engage in private equity investments

6. Alternative Investment Provisions: Needed for companies planning to deal with alternative investment products

7. Environmental, Social and Governance (ESG) Framework: Include if the company focuses on ESG investments or sustainable finance

Suggested Schedules

1. Share Capital Structure: Detailed breakdown of share classes, rights, and initial allocation

2. Initial Subscribers: List of founding shareholders with their respective shareholdings

3. Investment Guidelines: Detailed investment policies, restrictions, and risk management frameworks

4. Regulatory Licenses: List of required licenses and regulatory approvals

5. Board Composition: Details of initial directors and their qualifications

6. Compliance Framework: Detailed procedures for regulatory compliance and reporting

7. Fee Structure: Schedule of management fees, performance fees, and other charges

8. Risk Disclosure: Comprehensive list of investment risks and mitigation strategies

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Act
Alternate Director
Annual General Meeting
Articles
Auditors
Board
Business Day
Capital
Chairman
Company
Company Secretary
Constitution
Director
Dividend
Electronic Address
Electronic Communication
Electronic Form
Financial Year
Investment Committee
Investment Manager
Investment Policy
Licensed Institution
Meeting
Member
Memorandum
Net Asset Value
Office
Ordinary Resolution
Ordinary Share
Paid Up
Portfolio
Register
Registered Office
Registration Number
Related Corporation
Seal
Securities
Securities Account
Securities Commission
Share
Share Capital
Shareholder
Special Resolution
Subscriber
Subscription Price
Treasury Shares
Voting Rights
Writing
Clauses
Name and Registration
Registered Office
Objects and Powers
Limited Liability
Share Capital
Share Classes
Share Transfer
Investment Powers
Borrowing Powers
Directors Authority
Board Composition
Directors Meetings
General Meetings
Voting Rights
Dividend Distribution
Reserve Funds
Investment Restrictions
Asset Valuation
Financial Reporting
Regulatory Compliance
Corporate Governance
Appointment of Officers
Seal Usage
Record Keeping
Indemnification
Winding Up
Amendment Provisions
Dispute Resolution
Relevant Industries

Financial Services

Investment Management

Asset Management

Private Equity

Venture Capital

Islamic Finance

Fund Management

Wealth Management

Securities Trading

Corporate Services

Relevant Teams

Legal

Compliance

Corporate Secretarial

Investment Management

Risk Management

Corporate Governance

Board of Directors

Executive Management

Regulatory Affairs

Finance

Relevant Roles

Chief Executive Officer

Chief Investment Officer

Chief Financial Officer

Chief Legal Officer

Chief Compliance Officer

Company Secretary

Investment Manager

Fund Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Risk Manager

Board Director

Company Director

Investment Analyst

Portfolio Manager

Corporate Governance Officer

Regulatory Affairs Manager

Industries
Companies Act 2016: The primary legislation governing company formation, registration, and administration in Malaysia. It provides requirements for memorandum content, company structure, and corporate governance.
Capital Markets and Services Act 2007: Regulates investment activities, securities trading, and fund management services. Essential for investment companies operating in Malaysia.
Securities Commission Malaysia Act 1993: Establishes the regulatory framework for securities and investment products, including licensing requirements for investment companies.
Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001: Provides compliance requirements for financial institutions and investment companies regarding money laundering prevention and reporting obligations.
Financial Services Act 2013: Regulates financial institutions and provides framework for financial system stability, particularly relevant for investment activities.
Islamic Financial Services Act 2013: Relevant if the investment company plans to offer Shariah-compliant investment products or services in Malaysia.
Guidelines on Unit Trust Funds by Securities Commission Malaysia: Specific guidelines for investment companies dealing with unit trusts and mutual funds.
Licensing Handbook by Securities Commission Malaysia: Details licensing requirements and ongoing obligations for investment companies and fund managers.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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