Board resolution

 

“RESOLVED THAT Mr. _____________(name), _____________ (designation), be and is hereby authorised to (a) appear, sign, verify, declare, affirm, make, present, submit and file all necessary notices, plaints, petitions, written statements, affidavits, undertakings, vakalatnamas, declarations, Appeals, Revisions, applications, statements, complaints, papers and documents and all proceedings and matters in connection with any suit(s) or proceeding(s) filed by or against the Company before any court of law or any tribunal or any quasi-judicial or statutory or administrative authority; and (b) nominate, appoint and engage advocates, solicitors, counsel or other professionals and retainers;  and to do all such acts, things, deeds as may be necessary or proper to carry out the purposes mentioned hereinbefore.”

Many times I feel what I am doing on this site dishing out suggetions without knowing whether it is useful to others are not.

But today i got a revelation that it helps me more than others.

Just a simple query of ANURADHA GOYAL  has solved my problem in a case of cheque bounce for the accused.The case was filed by POA holder and he gave in chief affadavit. I have taken numrous defense objections and was confusing the complainant but somewhere on the back of my mind I was searching for a clinching objection for the root of the case. 

And I thank ANURADHA GOYAL  for raising the query. ANY COMPANY HAS TO AUTHORISE  ANY PERSON BY RESOLUTION. only and  ANY SINGLE PERSON CAN NOT AUTHORISE.  and IN MY CASE IT WAS AUTHORISED BY SOME OFFICIAL AND NOT BY BOARD RESOLUTION.

 

Coming to your query madam , make a boad resolution and file its copy dully certified to be true copy by a competant person.

Please see that it is recorded in the minutes book of the company, any advocate like me will call for the minute book and for this issue alone if I am defense advocate I will take it upto highest level just to confuse and divert attention.

 

I think we all know that the Company is managed by Board of Directors and for any act, thing and deed, Board approval by way of resolution is must.

Yes sir but I will show in a court  where I am for one case of accused hundreds of cases are filed and persons convicted just on the basis of a POA granted by an official of the company.

The Judge , the opponent and opponent advocate are all amused for my taking objection of POA  document on many other points.

POA should be issued pursuant to the Board Resolution and only authorised person is empowered to issue the POA in favour of third person. POA issued without Board resolution is null & void. 

I think 'ADVOCATE DEFENSE' is very right about the objections that may be taken in Court proceedings while Mr.Kuldeep Gauniyal has done a good job of providing the draft of the Resolution. I fully empathise with 'ADVOCATE DEFENSE'. 

Adv Defense

Thanks for your format.

Dear Sirs, But in the state of tamilnadu in the board resolution alone is not sufficient to represent civil case in a court of law. Judges say that the board resolutin must be coupled with a registered power of attorney to appoint a lawyer as well to represent a company. Can any one enlighten in this matter? Regards, Krishnakumar

Krishnaji

 

Good draft

 

In private limited companies, who has right to pass resolution and sign on it.

In private limited companies, who has right to pass resolution and sign on it.