24 July 2014
A director was appointed as the chairperson for the AGM and post the AGM,he resigned. For the purpose of signing the AGM minutes, whether the erstwhile director can sign the minutes (post resignation) or whether some other director will sign with the authorisation from the Board.
24 July 2014
Provisions related to minutes are governed by section 118 of the Companies Act, 2013.
As per rule 25(1)(d) of Companies (Management and Administration) Rules, 2014, no time limit prescribed for signing of Board minutes so the date to be put on board minutes shall be the date on which Chairman actually sign the minutes or the date of next board meeting date whichever is earlier.
In the case of minutes of proceedings of a general meeting, it should be signed by the chairman of the same meeting within the period of thirty days or in the event of the death or inability of that chairman within that period, by a director duly authorised by the Board for the purpose. So in case of General meeting minute date of signing should be within 30 days of meeting.
Law is quite clear in your case. Resigning Director is unable now to sign minutes. Hence minutes will be signed within 30 days by the director duly authorised by the Board for the purpose.
CAclubindia
