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By convention, most common law jurisdictions divide the constitutional documents of companies into two separate documents: [1]. the Memorandum of Association (in some countries referred to as the Articles of Incorporation) is the primary document, and will generally regulate the company's activities with the outside world, such as the company's objects and powers.
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document that, along with the memorandum of association (in cases where it exists) forms the company's constitution.
A constitution (or governing document) is the set of regulations which govern the conduct of non-political entities, whether incorporated or not. Such entities include corporations and voluntary associations .
In case the general partner is a limited company, the legal form of the general partner, followed by "& Compagnie" (shortened to & Co.), must be included in the name of the company, resulting in combined legal forms such as: GmbH & Co. KG: the general partner is a GmbH; AG & Co. KG: the general partner is an AG
A further, though technically different, equitable remedy is that according to the US Supreme Court in Taylor v Standard Gas Co [55] corporate insiders (e.g. directors or major shareholders) who are also creditors of a company are subordinated to other creditors when the company goes bankrupt if the company is inadequately capitalized for the ...
A low-profit limited liability company (L3C) is a legal form of business entity in the United States. [1] Commonly referred to as a hybrid structure, it has characteristics of both for-profit and non-profit entities. [ 1 ]
The memorandum no longer restricts the activities of a company. Since 1 October 2009, if a company's constitution contains any restrictions on the objects at all, those restrictions will form part of the articles of association. Historically, a company's memorandum of association contained an objects clause, which limited its capacity to act.
The best-known example, established in 1600, was the East India Company of London. Queen Elizabeth I granted it the exclusive right to trade with all countries to the east of the Cape of Good Hope . Some corporations at this time would act on the government's behalf, bringing in revenue from its exploits abroad.