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Memorandum Of Association Of Real Estate Company

Memorandum Of Association Of Real Estate Company Template for Malaysia

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Key Requirements PROMPT example:

Memorandum Of Association Of Real Estate Company

"I need a Memorandum of Association of Real Estate Company for establishing a property development company in Kuala Lumpur by March 2025, with provisions for both residential and commercial development projects, and the ability to form joint ventures with international partners."

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Document background
The Memorandum of Association of Real Estate Company is a crucial incorporation document required when establishing a real estate company in Malaysia. It must comply with the Companies Act 2016 and various real estate-specific regulations. This document is necessary when incorporating a new real estate company or modifying an existing company's constitutional framework to engage in real estate activities. It contains essential information about the company's objectives, share capital, liability limitations, and governance structure, particularly focused on real estate operations. The document serves as a contract between the company and its shareholders, defining the scope of the company's activities in the Malaysian real estate market and establishing its relationship with stakeholders.
Suggested Sections

1. Company Name and Registration: States the company's name and confirms it is incorporated under 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 specific real estate activities and business objectives the company will pursue

4. Powers of the Company: Outlines the legal powers of the company to conduct its business activities

5. Limitation of Liability: States that members' liability is limited to their share capital contribution

6. Share Capital: Details the authorized share capital and types of shares

7. Members' Rights and Obligations: Defines the basic rights and obligations of shareholders

8. Directors and Management: Establishes the basic framework for company management and director appointments

9. General Meetings: Sets out basic provisions for conducting company meetings

10. Accounts and Audit: Establishes requirements for maintaining accounts and conducting audits

Optional Sections

1. Foreign Ownership Provisions: Include when the company anticipates or allows foreign shareholders, detailing specific restrictions and requirements

2. Property Development Activities: Add when the company plans to engage in property development, including specific provisions aligned with the Housing Development Act

3. Branch Offices: Include when the company plans to operate multiple offices across Malaysia

4. Special Share Classes: Add when creating different classes of shares with varying rights and privileges

5. Joint Venture Provisions: Include when the company is formed as part of a joint venture arrangement

6. Shariah Compliance: Add when the company wishes to operate in accordance with Islamic principles

Suggested Schedules

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

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

3. First Directors: List of initial directors and their details

4. Property Assets: List of any initial property assets being transferred to the company

5. Business Activities: Detailed list of permitted real estate activities and services

6. Territorial Scope: Specific regions or states in Malaysia where the company intends to operate

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 Industries

Real Estate

Property Development

Construction

Property Management

Real Estate Investment

Property Consultancy

Corporate Services

Legal Services

Financial Services

Relevant Teams

Legal

Corporate Secretarial

Compliance

Corporate Governance

Real Estate Operations

Business Development

Risk Management

Board of Directors

Executive Management

Relevant Roles

Company Director

Corporate Lawyer

Company Secretary

Legal Counsel

Compliance Officer

Real Estate Director

Property Development Manager

Corporate Governance Officer

Managing Director

Chief Executive Officer

Chief Legal Officer

Business Development Director

Risk Management Officer

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 constitutional documents including the Memorandum of Association.
Valuers, Appraisers, Estate Agents and Property Managers Act 1981: Regulates real estate agents and property managers, setting requirements for licensing and professional conduct in the real estate industry.
Housing Development (Control and Licensing) Act 1966: Governs housing development projects and licensing requirements for property developers in Malaysia.
National Land Code 1965: Provides the legal framework for land ownership, transfer, and registration in Peninsular Malaysia.
Strata Titles Act 1985: Governs stratified properties and their management, crucial for real estate companies dealing with apartments and condominiums.
Foreign Investment Committee Guidelines: Guidelines controlling foreign ownership of properties and real estate companies in Malaysia.
Real Property Gains Tax Act 1976: Imposes tax on gains from disposal of real properties, affecting real estate transactions and company operations.
Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001: Compliance requirements for real estate transactions to prevent money laundering and illegal activities.
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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