Consent letter for shorter notice of agm
This query is : Resolved
31 October 2011
Hi All,
If a Company is having a shareholder which is another Company and the first mentioned Company is holding AGM at shorter Notice then can a nominee of the shareholder company sign the Consent Letter on the basis of the nomination letter or a Board Resolution is necessary authorizing him to sign the consent letter?
If a Company is having a shareholder which is another Company and the first mentioned Company is holding AGM at shorter Notice then can a nominee of the shareholder company sign the Consent Letter on the basis of the nomination letter or a Board Resolution is necessary authorizing him to sign the consent letter?
31 October 2011
Board resolution would be preferable.
If board resolution has been received at the time of subscription of shares and authorising any person to act on its behalf and not been revoked till date then the same also could help.
If board resolution has been received at the time of subscription of shares and authorising any person to act on its behalf and not been revoked till date then the same also could help.
31 October 2011
Board resolution is necessary for authorizing the person.
Please see provisions of Sec 187(2) of the Companies Act, 1956 in this regard.
You can check the provision from below link--
http://www.vakilno1.com/bareacts/companiesact/s187.htm
Please see provisions of Sec 187(2) of the Companies Act, 1956 in this regard.
You can check the provision from below link--
http://www.vakilno1.com/bareacts/companiesact/s187.htm
31 October 2011
When any one is appointed Noiminee to Attend the AGM and represent the Company at the AGM of another Company then the Board Resolution under Section 187 of the Companies Act is required and it should be drafterd in such way to cover all the issues like ....Mr.X and failing him Mr.Y be and are hereby appointed to attend the AGM of ..ABC Ld. vote thereat for and on behalf of the Company, appoint proxy, accept Notice. give consent to Shorter Notice......etc."
Board must authorise the appointed Nominee to give consent to Shorter Notice as every action in Company needs authorisation and cannot be taken implied.
Act is silent on this we have to infer all this from different Court Rulings...
Get authorisation to give consent to Shorter Notice at General Meeings via Board Resolution.
Board must authorise the appointed Nominee to give consent to Shorter Notice as every action in Company needs authorisation and cannot be taken implied.
Act is silent on this we have to infer all this from different Court Rulings...
Get authorisation to give consent to Shorter Notice at General Meeings via Board Resolution.
01 November 2011
Hi,
Thanks for all the replies. I have one more doubt. Whether for every annual general meeting a separate board resolution like this needed or is it enough if the resolution is passed once for all the AGMs and EGMs to be held
Thanks for all the replies. I have one more doubt. Whether for every annual general meeting a separate board resolution like this needed or is it enough if the resolution is passed once for all the AGMs and EGMs to be held
01 November 2011
If the resolution is passed to that effect there is no issues. But the resolution should clearly specify the same.
01 November 2011
Yes it depends upon the wording of the Resolution if it is drafted in a way to appoint for one Meeting only then next time resolution shall be required but if it is worded as to give authority till next resolution then not needed.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- GST on export of services and Input Credit
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- ITC temporary reversal and reclaim
- Applicable TDS rate for sale of property in Nov 2024
- Inventory of finished goods
- Tds on building rent monthly
- GST ON EXPORT COMMISSION
- Can we claim ITC of Feb-2024 in the month of November-2024 which was not claimed by oversight
- REGARDING 25 AS DATE OF PAYMENT AND DATE OF BOOKING
- Sale of property furniture sale
- Confusion around Form 26QB fields
- Adjustment entry in the case of Individual and HUF on 31st March
- Stock difference tax applicable on composite rate or normal rate
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
Trending Online Classes
CAclubindia
