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Authorised representative

Neeta (Finance) (345 Points)

03 February 2010

Can anybody plz provide me a draft resolution for appointing Mr.X as an authorised person to attend and vote in the EGM of a company on behalf of the company.

Thanks and regards

Neeta

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13 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 03 February 2010

“RESOLVED THAT pursuant to the provisions of Section 187 of the Companies Act, 1956 Ms. Anu Jain or failing her Mr. Gautam Jain, be and is hereby authorised to act as the representative of the Company at any meeting of the members of ABC Private Limited of which the Company is a member.

RESOLVED FURTHER THAT a copy of the resolution duly certified by the Chairman of the meeting be sent to ABC Private Limited, New Delhi.”

2 Like

Neeta (Finance) (345 Points)
Replied 04 February 2010

Thank you so much sir ! always prompt and precise !

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 04 February 2010

One more thing Neeta you may use this resolution for every kind of general meeting i.e. AGM or EGM or SGM so you don't have to pass the resolution unless there is a change in representative.

Another thing to remember == you may restrict the power of representative by putting the kind of meeting in the above resolution.

Regards

1 Like

Neeta (Finance) (345 Points)
Replied 05 February 2010

thanks sir , as regards the power of representative , as per sec 187 he has the powers of the body corporate if that body was an individual and also has the power as of the proxy , please explain ur second point as to power of representative , or plz quote the relevant sec where i can find the same.

one more thing , is it fine if i edits ur resolution

“RESOLVED THAT pursuant to the provisions of Section 187 of the Companies Act, 1956 Ms. Anu Jain or failing her Mr. Gautam Jain, be and is hereby authorised to act as the representative of the Company , until otherwise decided, at any meeting of the members of ABC Private Limited of which the Company is a member.

thanks and regards

Neeta

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 05 February 2010

Ya you may go ahead with the modified version. It's perfectly fine.

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 05 February 2010

You may use the power by using the same resolution in the format given below:

“RESOLVED THAT pursuant to the provisions of Section 187 of the Companies Act, 1956 Ms. Anu Jain or failing her Mr. Gautam Jain, be and is hereby authorised to act as the representative of the Company at the ensuing Extra-Ordinary General meeting of the members of ABC Private Limited of which the Company is a member.

RESOLVED FURTHER THAT a copy of the resolution duly certified by the Chairman of the meeting be sent to ABC Private Limited, New Delhi.”

If you use the above resolution than Anu and Gautam are authorized to vote only for the EGM and not for other kind of GM. Revert if there is any doubt.

1 Like

Neeta (Finance) (345 Points)
Replied 05 February 2010

Thank you sir , ve no more doubts , so precise was ur replies !

regards

neeta

Neeta (Finance) (345 Points)
Replied 05 February 2010

oops ! sory i forgot to ask one thing , is it mandatory that the resolution should be signed by the Chairman , if so please quote the section. I need to get this resolution from one of our promoter and foreign company for whom the EGM wud be attended by an indian.

So wud it go if being signed by any other director of the foreign company. plz quote the section.

regards

neeta

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 05 February 2010

Legally any director of the company can sign any kind of resolution on behalf of the company. No compulsion to get it signed from Chairman or MD.

However if any party or Bank desires to get it signed from MD or Chairman then nobody can help it.

Regards

1 Like

Neeta (Finance) (345 Points)
Replied 08 February 2010

Thank you sir !

Shridhi Jain (Company Secretary) (1678 Points)
Replied 20 March 2012

In a pvt co., can an outsider be appointed as an authorised representative of the c ompany, if duly authorised by the BOD ?

Akhilesh jha (accountant) (21 Points)
Replied 02 May 2012

if i want to appoint a authorised person on behalf of Director & i want to make a affidefit for limited period on stamp paper what is the Format can u please help me.. for eg. if i want ot appoint a akhilesh as authorised person for all taxation related work or signing of all document for 3 month or than if i want than i will renewed that.