The Memorandum of Association of Educational Company is a mandatory legal document required when establishing an educational institution as a corporate entity in Malaysia. This document is essential for compliance with the Companies Act 2016 and educational regulations, serving as the foundation for the company's legal existence and operations. It contains crucial information about the company's structure, educational objectives, share capital, and governance framework. The memorandum must be filed with the Companies Commission of Malaysia (SSM) during incorporation and requires careful consideration of both corporate and educational regulatory requirements. It's particularly important for new educational institutions, expansions of existing institutions, or when restructuring educational organizations in Malaysia.
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1. Name Clause: States the registered name of the educational 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 educational and business objectives of the company, including types of education services to be provided
4. Limited Liability Clause: Declaration that members' liability is limited
5. Share Capital Clause: Details of the company's authorized share capital and its division into shares
6. Subscriber Details: Information about the founding members/subscribers including names, addresses, occupations, and number of shares taken
1. Foreign Ownership Provisions: Required when there are foreign shareholders or plans for foreign investment in the educational institution
2. Branch Campus Provisions: Needed when the educational institution plans to operate multiple campuses or locations
3. Religious or Cultural Education Provisions: Required for institutions focusing on specific religious or cultural education
4. Special Rights Provisions: Used when certain shareholders are given special voting or other rights
5. Research and Development Clause: Included for institutions planning to conduct research activities
1. Schedule A: Share Capital Structure: Detailed breakdown of share classes, rights, and initial distribution
2. Schedule B: Educational Programs: List of planned educational programs and courses to be offered
3. Schedule C: Subscriber Information: Detailed information about subscribers including identification documents and shareholding details
4. Schedule D: Property Details: Information about owned or leased properties for educational purposes
5. Appendix 1: Compliance Certificates: Copies of relevant educational licenses and compliance certificates
6. Appendix 2: Corporate Structure: Organizational chart and management structure of the educational institution
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