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Articles of association are critical documents to corporate operations, as they may regulate both internal and external affairs. [1] Articles of incorporation, also referred to as the certificate of incorporation or the corporate charter, is a document or charter that establishes the existence of a corporation in the United States and Canada.
The original 1952 version of the model act was designed to "follow the Model Business Corporation Act as closely as the subject matter permits." [ 3 ] The MNCA has since been revised three times, most recently with the fourth edition, which was approved in 2021 and published in 2022.
A company can always switch from stock to non-stock and vice versa at any time, usually by paying a small fee to change the articles of incorporation, and potentially a stock fee if the corporation changes from non-stock to stock. (Changing from non-profit to for-profit is generally not allowed absent special permission.)
The articles of association (often referred to as just ‘articles’) is the document which sets out the rules for the running of the company's internal affairs. The company's articles are delivered to the Registrar at incorporation. In the event that no articles are registered for the new company, the model (default) articles will be registered.
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.
Unlike for-profit corporations that benefit from broad and general purposes, non-profit organizations need to be limited in powers to function with tax-exempt status, but a non-profit corporation is by default not limited in powers until it specifically limits itself in the articles of incorporation or nonprofit corporate bylaws.
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