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

903 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..

 

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