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Memorandum Of Association Of Marketing Company

Memorandum Of Association Of Marketing Company Template for Malaysia

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Key Requirements PROMPT example:

Memorandum Of Association Of Marketing Company

"I need a Memorandum of Association of Marketing Company for a digital marketing agency to be incorporated in Malaysia by March 2025, with provisions for international operations in Southeast Asia and specific clauses for digital service delivery and data protection compliance."

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Document background
The Memorandum of Association of Marketing Company is a crucial incorporation document required under Malaysian law, specifically the Companies Act 2016, when establishing a marketing company in Malaysia. This document must be filed with the Companies Commission of Malaysia (SSM) during the company registration process and serves as the company's constitutional foundation. It contains essential information about the company's structure, objectives (particularly focusing on marketing services), share capital, and operational scope. The memorandum is vital for defining the company's relationship with external stakeholders and establishing its legal capacity to conduct business in Malaysia. It includes specific provisions relevant to marketing activities, digital operations, and related services, while ensuring compliance with Malaysian corporate regulations and industry-specific requirements.
Suggested Sections

1. Company Name and Registration: States the company's name and registration details in accordance with the Companies Act 2016

2. Registered Office: Specifies the location of the company's registered office in Malaysia

3. Objects of the Company: Details the primary and secondary business objectives, focusing on marketing services and related activities

4. Limited Liability: Declaration that members' liability is limited to their share capital

5. Share Capital: Details of the company's authorized share capital, types of shares, and rights attached

6. Rights and Powers: Outlines the general powers and rights of the company to conduct its business

7. Restrictions on Powers: Any limitations on the company's powers or activities

8. Shareholders' Rights: Details the rights, privileges, and conditions attached to shareholding

9. Directors and Management: Provisions regarding appointment, removal, and powers of directors

10. General Meetings: Rules and procedures for conducting shareholder meetings

11. Voting Rights: Procedures and rights for voting at general meetings

12. Financial Matters: Provisions regarding accounts, audits, and financial management

Optional Sections

1. Additional Business Activities: Detailed list of secondary business activities when the company plans to diversify beyond core marketing services

2. Digital Operations: Specific provisions for digital marketing operations when the company focuses on online services

3. International Operations: Provisions for international business activities when the company plans to operate across borders

4. Intellectual Property Rights: Specific provisions for handling IP rights when the company creates proprietary marketing tools or methods

5. Share Classes: Additional share classes and their rights when the company has complex share structures

6. Advisory Board: Provisions for establishing and managing an advisory board when required

Suggested Schedules

1. Schedule 1: Initial Subscribers: Details of the founding shareholders and their initial shareholdings

2. Schedule 2: Share Capital Structure: Detailed breakdown of share classes, rights, and nominal values

3. Schedule 3: First Directors: List of first directors and their details

4. Schedule 4: Company Secretary: Details of the appointed company secretary

5. Schedule 5: Business Activities: Comprehensive list of permitted business activities and services

6. Appendix A: Forms of Share Certificates: Templates for share certificates

7. Appendix B: Company Seal: Design and usage rules for the company seal

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
Annual General Meeting
Articles
Board
Business Day
Chairman
Company
Company Secretary
Constitution
Director
Extraordinary General Meeting
Financial Year
General Meeting
Marketing Services
Member
Memorandum
Office
Ordinary Resolution
Ordinary Share
Registered Office
Register of Members
Resolution
Seal
Share
Share Certificate
Shareholder
Special Resolution
Subscriber
Companies Commission of Malaysia
Writing
Digital Marketing Services
Intellectual Property
Marketing Materials
Corporate Representative
Dividend
Financial Statement
Identity Card
Quorum
Record Date
Transfer
Relevant Industries

Marketing and Advertising

Professional Services

Digital Marketing

Public Relations

Media and Communications

Management Consulting

Business Services

Creative Services

Market Research

Digital Media

Relevant Teams

Legal

Corporate Secretarial

Compliance

Corporate Governance

Board of Directors

Executive Leadership

Risk Management

Marketing

Business Development

Operations

Relevant Roles

Chief Executive Officer

Company Secretary

Corporate Lawyer

Legal Counsel

Company Director

Compliance Officer

Corporate Governance Manager

Business Development Manager

Marketing Director

Operations Manager

Risk Manager

Company Registrar

Board Secretary

Managing Director

Shareholder Relations Manager

Industries
Companies Act 2016: The primary legislation governing company formation, registration, and regulation in Malaysia. It provides the legal framework for incorporating companies and specifies requirements for company documents including the Memorandum of Association.
Consumer Protection Act 1999: Relevant for marketing companies as it regulates business practices, advertising standards, and consumer rights protection in Malaysia.
Personal Data Protection Act 2010: Essential for marketing companies handling personal data, regulating the collection, processing, and use of personal information.
Trade Descriptions Act 2011: Governs trade descriptions and marketing practices, preventing false or misleading advertising and trade descriptions.
Communications and Multimedia Act 1998: Regulates digital marketing, online advertising, and electronic communications in Malaysia.
Employment Act 1955: Covers employment terms and conditions that need to be considered in the company's operational framework.
Income Tax Act 1967: Determines the taxation framework for the company and its obligations for corporate tax compliance.
Contracts Act 1950: Provides the legal framework for business contracts and agreements that the marketing company will enter into.
Competition Act 2010: Ensures fair competition and prevents anti-competitive practices in marketing and business operations.
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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