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Appointing a Representative u/s 187

jeets (CS ) (461 Points)

11 November 2010

Hello Experts.

I'm working for a private company with two members and both of them are foreign companies. We have to conduct an AGM for which I would like to have a representative appointed for both of those foregin companies.

Can anyone please suggest me the procedure for appointing the representative also provide me a format or representative form which would be required to be filled.

Regards

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9 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 11 November 2010

Hello,

Those 2 foreign companies need to pass a board resolution separately at their board meeting to appoint someone as their representative to attend the AGM of your private company.

Such representative is required to submit the certified true copy of the resolution above to you before attending the AGM of your private company.

Best Regards

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 11 November 2010

Just pass a board resoluion in both the members foreign company's board meeting before the date of General meeting and the person would be authorised to attend such General Meeting on behalf of the company by presenting certified copy of the resolution...

Sample Resolution:-

“RESOLVED THAT pursuant to the provisions of SEction 187 of the Companies Act, 1956 Shri ........................................, .................... be and is hereby authorised to represent the Company in the Annual General Meeting of the M/s.............................................................scheduled to be held on .......................................................”

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 11 November 2010

SAMPLE BOARD RESOLUTION

AUTHORISATION TO REPRESENT THE COMPANY IN GENERAL MEETING OF INVESTEE COMPANIES

The Chairman informed the Board about the need to nominate Company Representative to attend and vote on behalf of the company, in the General Meetings of other Companies in which the Company may be having investments from time to time. Hence, the following resolution was passed unanimously by the board in this connection:

"RESOLVED THAT pursuant to Section 187 of the Companies Act, 1956, Mr. Rahul Gupta or Mr. Sanjay Garg be and are hereby authorised as the representatives of the Company to attend, vote and appoint proxy(ies) at the Annual General Meeting/Extra Ordinary General Meeting to be held from time to time of different Companies in which the Company may be having investment."