Question

Difficulty: HardPrivate Limited Companies: Characteristics, Formation Documents, and Capital

During the registration of a private limited company, the legal founders draft specific provisions detailing the rules for share transfer restrictions, the procedure for share forfeiture, and the rights and duties of the board of directors. In which statutory document must these operational rules be embodied, and what is its fundamental purpose?

  1. Articles of Association, which serve as the internal regulation framework governing the management and administration of the company.Answer
  2. B
    Memorandum of Association, which governs the internal administrative relationship between the directors and shareholders.
  3. C
    Prospectus, which provides the legal framework for internal voting procedures and director appointments.
  4. D
    Certificate of Incorporation, which outlines the internal operational guidelines and share forfeiture terms.

Answer

Articles of Association, which serve as the internal regulation framework governing the management and administration of the company.
The Articles of Association govern the internal administration of a limited company, establishing procedures for share management (including transfer restrictions inherent to private limited companies), rights of shareholders, and executive powers of directors.

Step-by-Step Solution

1
Identify the nature of the rules described in the stem.
Rules regarding share transfer restrictions, share forfeiture, and directors' duties are internal administrative rules.
Formation documents are split into internal operational rules and external structural contracts.
2
Differentiate between statutory incorporation documents.
Internal regulations belong to the Articles of Association, whereas external relations and structural scope belong to the Memorandum of Association.
Under company law (such as CAMA), the Articles act as the internal contract between shareholders and the company.

Key Concept

Distinction between Memorandum of Association and Articles of Association
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