11 September 2012
Will a person attending AGM on behalf member on the basis of Power of Attorney would be treated as member or proxy?
Member of the Co. is not not able to attend any meeting and hence given General Power of Attorney in favour of his Son. Now, the Company would treat the son as member or treat it as proxy.
Proxy is not counted for quorum and also proxy has no right to vote on show of hands.
A MEMBER ENTITLED TO ATTEND AND VOTE AT THE ANNUAL GENERAL MEETING (“the MEETING”) IS ENTITLED TO APPOINT A PROXY TO ATTEND AND VOTE ON A POLL INSTEAD OF HIMSELF/HERSELF AND SUCH PROXY SO APPOINTED NEED NOT BE A MEMBER OF THE COMPANY. THE PERSON SO APPOINTED WILL BE TREATED AS PROXY OF MEMBER AND HAS GIVEN ONLY RIGHT TO ATTEND THE MEETING AND DO POLING. A PROXY IS NOT ENTITLE TO VOTE EXCEPT ON POLL.
A person appointed to act as proxy shall, for the purpose of this Act, be deemed to be a member of such company and shall be entitled to exercise the same rights and power as the member could exercise as member of the company. (section 187A)
Guest
Guest
(Expert)
13 September 2012
POA holder for attending the meeting of companies will be treated as proxy. POA holder can not be treated as member of company.
14 September 2012
What if the member is not even in a position to sign the proxy slip. For attending AGM as proxy, signed proxy slips needs to be depsoited at least 48 hrs before the agm. Proxy Slip, if needs to be signed, shall be signed by the power of attorney only. And after signing the proxy slip in his own favour, the power of attorney will attend the agm on behalf of the member.
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