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Sumit Gupta (Director)     16 December 2009

Who can be a signatory for a company in bank accounts?

In a private limited company, can a shareholder, who is also on the board of the company be a signatory for bank accounts of the company.

If the bank accounts need signatures of two people, can such a person be authorized to be in this capacity? What does company law say on this?

Thanks,

Shashin



Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 December 2009

Directors of private companies are much less restricted in their financial dealings with their company and need  not disclose any information about such arrangements in the accounts.The authority of signatures as per their understanding of directors & submit  their consent to the banking authorities

Sumit Gupta (Director)     16 December 2009

So, this means that such an arrangement is perfectly legal? Please clarify.

Devajyoti Barman (Advocate)     17 December 2009

If the Board of Directors pass any Resolution in that regard then yes.

Anil Agrawal (Retired)     21 December 2009

 A resolution enables any two persons  to sign the cheques. Remember Managers and Secretaries etc. are signing cheques for public and private limited companies. Directorship is not mandatory for signing cheques. 

 

Jayant (CS)     21 December 2009

Board of Directors can authorise any persons to sign the cheuqe by passing of resolution.

V. VASUDEVAN (LEGAL COUNSEL)     08 January 2010

 A shareholder Director can be authorised by the Board of Directors to be a authorised signatory for bank operations. Only thing that is to be ensured is the Board Resolution is duly passed with the valid quorum, usually fixed by the Articles of Association of the Company.

Vasudevan

Anil Agrawal (Retired)     08 January 2010

 Remember in 138 cases, it is ANY PERSON. I think it covers a person who is not even in the employ of the company but authorised to sign the cheque.

Jayant (CS)     09 January 2010

I agree with Mr. Anil Agrawal...........Board of Directors can authorise ANY PERSON to sign the cheuqe by passing of resolution whether he/she  is in employement or not.

Anil Agrawal (Retired)     09 January 2010

 To be remembered.

A person authorised by the Board to sign the cheques becomes liable u/s 138 if it is proved that he was responsible to the company for its day to day working even though he may not be a director/employee.


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