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Common Seal

Others 1619 views 6 replies

Can a company have more than one common seal ? Provision of the AOA to keep more than one common seal whether valid ? Sec 50 of the Act enables for more than one Official Seal for use outside India which should be fascimile of the Common Seal, but nothing is there for common seal.

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Replies (6)

if we can analyse the purpose of common seal, that answers the question! 

Company by itself cannot sign as it is not a natural person, therefore common seal is like a signature of the company. whether a company can have two signatures?????? I do not think so. Though expressly not provided that there should not be more than 1, lets not complicate things by having more than 1, administrative inconvenience. 

Secretarial Standard on affixing of Common Seal (SS-8)- also clearly specifies that company shall have only ONE Common seal. Though such standards are only recommendatory, we can surely take guidance from the same as they are drafted by experts. 

Thanks Sunny. SS-8 is recommendatory as of now and ICSI may make it mandatory at any time. Can you tell me any section/provision of the Act requiring common seal to be kept by company. I could not find that.

Hi

I think common seal can be more than one with the proper authorisation of board under the definite supervision of some person. all provisions of common seal will equally apply to other seal.'

Other views welcomed.

Regards- Sudhir

There are few sections like 48, 50, 84, 114 which require common seal to be affixed on that. It is mandatory, so it is implied that common seal has to be kept by company. Section 54 also gives some points on common seal. 

Also refer, Table A, regulation 84.  

replace ''common seal to be affixed on that'' with ''common seal to be affixed on certain documents''


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