Can share holders delegate their right.....???

Stat Audit 875 views 12 replies

Can Share solders delegate their right to fill the casual vacancy of audior due to reginetion to the BOD???

 

If yes then in which section or Judgment??

 

Thanks to All in advance..:-)

 

Regards::

Mayank Bansal

Replies (12)

I dont think sharelhoders can delegate their power to BOD.

Thanks for reply

 

I am also agree with you bro.

but as par the above scan Pic share holder can delegate it.

It make me cnfuj.

 

dont pay attention to that and trust what you have studied.

It is of CA CLUB INDIA Mock test paper

Casual vacany can only be filled by the BOD.

I don't remember the section now. U can check the appointment of  auditor in PCC books ...its specifically there.

Shareholders can take part in the procedure of appointment of auditor while during AGM ...

Not otherwise.

BOD can fill the casual vacancy but if the reason of vacancy is resignation of auditor than shareholders appoint the auditor.

Anyone of you.....please clear this doubt of me........

Why is it not allowed for BOD to appoint the auditor.........once the shareholder allow for that appointment.....probably in some egm called thereon....??

Moreover for the above ques.......when both choices are given though "no" may be correct ans.......the prior one would be more appropriate......

HI,
As   far  as   i  know   .......No  one  can  DELEGATE    their  right  neither the  director  nor  the  shareholders .....exept    to  the  proxy   w.e.a.  under  the  compnies  act 1956.

@ SWETHA DONT GO WITH WHAT SHOULD BE APPROPRIATE, WHAT IS WRITTEN IN THE ACT IS TO BE SEEN

Please refer the below topic...

Provisions in the articles

Most companies have the following provision from the Model Articles or (for older companies) from Table A.

Shareholders' reserve power

4. (1) The shareholders may, by special resolution, direct the directors to take, or refrain from taking, specified action.

This is an extract from a uk law mat  (https://www.companylawclub.co.uk/topics/what_is_the_difference_between_shareholders_and_directors.shtml).

......why not the same provision be existing in  the Indian law..

 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details