## Distribution of MOA & AOA to Members

### Member's Right

Upon request by a member, the company must send copies of the following documents within 7 days of the request, on payment of prescribed fees:

1. MOA

2. AOA

3. Any agreement or resolution referred to in Sec 117 (Resolutions and agreements to be filed), if not already included in the MOA and AOA.

### Default — Penalty

If the company fails to comply, both the company AND any officer in default shall be liable for a penalty of:

₹1,000 for each day the default continues, OR
₹1,00,000, whichever is lesser.

### Memory Aid

Timeline: 7 days
Cap: ₹1,00,000 (it's the lesser of daily penalty or cap)

Worked example

### Example 1

Example 1: A member of XYZ Ltd. requests a copy of the AOA on 1 March. The company sends it on 15 March (delay of 14 days beyond the 7-day window). Calculate penalty. Answer: ₹1,000 × 7 days delay = ₹7,000 (well within the ₹1,00,000 cap).

### Example 2

Example 2: A delay of 200 days has elapsed. Answer: Daily computation = ₹2,00,000; cap = ₹1,00,000. Penalty = ₹1,00,000 (the lesser).

⚠️ Common exam mistakes

Counting days from the request date instead of from day after the 7-day window.
Computing penalty without applying the ₹1,00,000 cap.
Forgetting that Sec 117 agreements/resolutions are also covered by this distribution obligation.

Reference: Section 17 — Companies Act, 2013

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Distribution of MOA and AOA to Members

Worked example

⚠️ Common exam mistakes