A memorandum of association, or MOA, is the document setting out the company’s formation arrangements and core details, including its partners, ownership interests and management, according to its legal form. An amendment records a change to an existing company’s MOA. A share sale or transfer document deals with the transaction between the parties. Start with the outcome you need, then review the current company documents and the requirements of its registering authority.
If your request involves company formation, an amendment or a change in ownership, this guide explains the documents to explore, the information to prepare and how to choose the appropriate document review and notarisation service at Abdulrahman Alaamri Advocates, Legal Consultants and Private Notary.
MOA, amendment or share sale: which document fits the request?
| Your intended outcome | The document to ask about | Relevant service |
|---|---|---|
| Form a company and record the partners’ arrangements and company details | Memorandum of association | Memorandum of association review and notarisation |
| Change provisions or information in an existing company’s MOA | An MOA amendment reflecting the proposed change | Memorandum of association amendment |
| Sell or transfer a partner’s ownership interests to another party | A share sale or transfer document, with any related company-document updates reviewed | Share sale and transfer agreement notarisation |
One transaction may involve more than one document. A share sale in an existing company, for example, calls for the transaction document and a review of the resulting partner information. A clear account of the purpose, parties and current position helps identify the appropriate file at the outset.
When might an existing company need an MOA amendment?
Describe the proposed change first. Does it concern partners, ownership interests, capital, management or other information? Compare that request with the latest MOA and amendments. This allows the affected provisions, approvals and supporting documents to be reviewed against the actual transaction.
If the registering authority has requested a named document, retain its instructions and explain the request to the team. The company’s legal form and registering authority affect the review route. A mainland company and a company governed by a free-zone framework may have different requirements.
For the service scope and documents associated with a change to an existing MOA, explore memorandum of association amendment review.
Is selling shares the same as changing capital?
Explain what changes in your transaction: who is selling, who is buying, which ownership interests are involved and whether capital is also changing. A short account of the current position and intended result helps distinguish the sale price from the company’s recorded capital and ownership information.
Hypothetical example: a partner wants to sell their interests to a new party while capital remains unchanged. The request begins with the company documents, party information and ownership details. The transaction document and any required company-data updates can then be identified. If management or capital is also changing, include those points so they can be reviewed together.
Start with the share sale and transfer agreement service for an ownership transfer, and explain any related changes.
What is the notary’s role?
The relevant parties’ identity, capacity and authority to sign are reviewed alongside the instrument and the appropriate attestation procedure. Article 14 of the Commercial Companies Law addresses MOA drafting and attestation before the competent authority, with notarial attestation in the cases that authority specifies. The applicable route is therefore confirmed for the company document before the procedure is arranged. Source: Commercial Companies Law and amendments.
The notarial request concerns the specified document. Issuing a licence or updating company details with the registering authority follows its own procedure when applicable. Invest in Dubai presents trade licence amendment as a separate service request.
What information and documents should you prepare?
For your first contact, provide your name, telephone number, request type and a short description of the intended change. After the purpose is reviewed, the team can identify the documents required and the appropriate channel for sharing them. Useful preparation includes:
- The company name, legal form and licensing or registering authority.
- The latest MOA, amendments and records showing the current position.
- The parties’ details, each signatory’s capacity and the basis of representation where an agent or company is involved.
- A description of the proposed change or transaction and the outcome to record.
- The receiving authority’s instructions and any relevant draft or resolution.
The documents needed for the actual transaction are reviewed before the appointment and cost are confirmed. Accurate information and current records help resolve the questions affecting the wording and signing process.
What affects the time and cost?
Relevant factors include the number and capacity of the parties, the proposed change, the completeness of the documents, foreign documents or translation needs, approvals and the procedure required. Once the file is reviewed, the quote should explain what the request includes and any steps remaining with another authority. Ask the team to explain the cost components before approving the request.
Frequently asked questions
Can I use a ready-made MOA template?
A template can help explain the structure, but the file starts with the legal form, parties’ arrangements and the registering authority’s requirements. Prepare the company details and intended outcome for review before relying on wording for signature.
Does signing an amendment change the trade licence?
Check the step completed and the output issued by the relevant authority. Where the request requires licence or register updates, those steps are followed through their own route alongside the document procedure.
How do I start if I do not know the document’s name?
Describe the action: forming a company, changing a manager or MOA information, or selling ownership interests. With the current company documents, the team can identify the relevant service and information to prepare.
Choose the service and start your request
- Company MOA: document review and notarisation request
- MOA amendment: review the proposed change
- Share sale or transfer: review the transaction document
Contact Abdulrahman Alaamri Advocates, Legal Consultants and Private Notary on +971555019093 or WhatsApp, with the company type and purpose of the request. For advocacy and legal consultancy services, visit the main law firm website.
