Re: Authorisation to Attend AGM

[Harini Prasad]

Dear All,

Doubt cleared - the section is an enabling one - it may be specific and time bound or perennial and forever unless revoked types. As the said section (Sec 113 of CA 2013) uses the word - 'any' meeting; so it can be for series of meetings. So I had drafted the below resolution - 

AUTHENTIC EXTRACT OF THE MINUTES OF THE BOARD MEETING OF _______________________ GMBH DATED ---------, 2014

AUTHORISATION TO REPRESENT IN GENERAL MEETINGS OF __________________ INDIA PRIVATE LIMITED

 

“RESOLVED THAT in conformity with Section 113 of the Companies Act, 2013 and other relevant provisions of the said Act and the Rules made there under (including any statutory modification(s) or reenactment(s) thereof), Ms _____________________ be and is hereby authorised to act as the authorised representative of the Company to attend, vote and appoint proxy(ies) at the General Meeting(s) from time to time until otherwise decided, ________________- India Private Limited of which the Company is a member.”

 

“RESOLVED FURTHER THAT a certified copy of this resolution be forwarded to __________________India Private Limited for their record.”

 

For ______________________ GmbH

 

 

 

Dr _________

________ Director

IMPORTANT: Please go thru and suggest, if my understanding is wrong, thanks all.

Best Regards

Harini

On Fri, Jun 27, 2014 at 2:56 PM, Harini Prasad <hari...@gmail.com> wrote:

Dear All,

Section 187 under the Companies Act 1956 deals with authorising a person to attend the AGM of a Company of which the Company (appointing) is a member. The same is dealt under section 113 of the Companies Act 2013 under Chapter VII - Management and Administration.

Now I seek clarification for - can the appointing Company (i.e member) appoint a person perennially until notified further (for the sole reaosn of administrative convenience). I see there is no bar under old as well as the new laws, but can we do so? So far I have been receiving General Meeting-specific approval for the Authorised Representative. But for administrative convenience can we have once in for all the meetings (both AGM/EGM) until further notice by the appointing Corporate which is a member. 

Early reply would really help me.

With Regards

Harini

[Harini Prasad]