Curious (Student) (32 Points)
17 January 2011Hey everyone,
My query is whether an additional director (of company X) act as representative of company Y(within the provisions of section 187 of companies act), for the purposes of an AGM(of company X), though hes appointment is also to be confirmed in the same AGM (section 260).
Don' t u people think that this would amount to voting on your own appointment (being judge in your own cause), though you are representing some other shareholder.
Would appreciate a quick response.
Thanx a ton!!!!
nidhigoel89
(Company Secretary )
(594 Points)
Replied 17 January 2011
Hey everyone,
My query is whether an additional director (of company X) act as representative of company Y(within the provisions of section 187 of companies act), for the purposes of an AGM(of company X), though hes appointment is also to be confirmed in the same AGM.
Hello!
There is no issue to appoint a additional director as a proxy for attending the AGM.
Rest is the point of his appointment confirmation then in that respect i would comment that he is nt the single one to vote for this resolution, there would be certain other members for seconded the resolution. His vote would nt much effect the resolution
Contrary views are solicited.
Regards
Nidhi
Jayashree S Iyer
(Company Secretary)
(3224 Points)
Replied 19 January 2011
Alternate director can be appointed as representative of the Company to attend the General Meetings of the Company.
He would not participate in the Board proceedings, being an interested director as required under section 300, if it's a public company.
His representation in the GM would be as a member of the Company and there is no bar in his participation in the resolution.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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