Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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mazharul (Advocate)     28 July 2010

Company's representation in a proceeding

Commonly the Company represents in a proceeding by one issuing Letter of Authorization. In the event of his resign what will be the fate of the proceeding? Provide with related law as well as Judgments 



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 2 Replies

Daksh (Student)     28 July 2010

Dear Mazharul,

Evidently any company conducts its affair as per the terms and covenants of its Memorandum and Articles of Association as per the provisions of the Companies Act for which purpose procedurally the Directors of the Company conduct meeting and pass resolution (including authorizing any person) for conducting the court proceedings by and on behalf of that Company.   As per standard format in the Board Resolution itself it is being mentioned that after ceasing to be an employee of the Company such Board Resolution will become nullity and same exercise is conducted for appointing another person.

Last but not least after resignation the proceedings are not void and Authorized Representative gets substituted and acts of previous AR binds the Company as such.

Best Regards

Daksh

CS Pooja (Company Secretary)     30 July 2010

The Company authorizes any person by way of a resolution passed at the meeting of the Board. The PoA or a letter of Authority are issued thereafter.

In case, a person is authorized to represent the company in some proceedings, he will be authorized, only by way of a resolution passed at the Board meeting.

In case any other person is to be authorized, and the earlier one ceases to represent, in that case too, a resolution is required to be passed at the Board meeting, which will be in supersession of the earlier resolution passed, authorizing the new person.


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