CS Surbhi Bansal (Self Employed) (131 Points)
25 April 2013Hello Experts.
I'm working for a private company with two members and both of them are foreign companies. We have to conduct an AGM for which I would like to have a representative appointed for both of those foregin companies. Can anyone please suggest me the procedure for appointing the representative also provide me a format or representative form which would be required to be filled.
Sneha
(Company Secretary)
(1594 Points)
Replied 25 April 2013
Format of Proxy Form
XYZ LIMITED
REGISTERED OFFICE ADDRESS
Proxy Form
Fol Folio No.: _________
I/We __________________ of ________________________________________ being
a member/members of XYZ LIMITED hereby appoint Mr. ______________________________________of________________________________________ or failing him Mr. ________________________________ of_______________________________as
my/our proxy to vote for me/us on my/pour behalf at the Annual General Meeting to be held on Date at Time at Venue
Signed this __________________ day of ________________ 2013
|
Affix Re. 1 Revenue Stamp |
Note: Note : proxies should be deposited at the Registered office of the Company not later than 48 hours
before the commencement of the meeting. The Proxy need not be a member of the Company
CS Surbhi Bansal
(Self Employed)
(131 Points)
Replied 25 April 2013
thanks Sneha, But it is a proxy form but here i am asking that the foreign company appoint the representative to attent the AGM not to appoint Proxy.
Well thanks for your concern
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 27 April 2013
There is not any specific representative form. You just need to pass board resolution to authorise a representative to represent the company in the AGM.
Sneha
(Company Secretary)
(1594 Points)
Replied 27 April 2013
Ankurji, is this the resolution required under section 187 for representing the Company in AGM ??
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 27 April 2013
Exactly, however in the above case the Companies are foreign company so the provisons of foreing complany would apply on them.
I have answered as per our Act requirement i.e. authorisation u/s 187.
CS Surbhi Bansal
(Self Employed)
(131 Points)
Replied 29 April 2013
Please let me correct if i am wrong, A POA is given by the foreign company is enough to appoint a representative to attend the AGM
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 30 April 2013
Section 187 specifically requires authorisation by way of Board Resolution.
CS Surbhi Bansal
(Self Employed)
(131 Points)
Replied 08 May 2013
But the members of the company is Foreign Companies. So as per my opinion POA is enough to appoint a Representative in AGM . As company law not applicable to foreign companies. Pls Correct if i am wrong.
Manish Mehra
(Associate Company Secretary)
(47 Points)
Replied 08 May 2013
Ms. Surabhi,
Please refer Section 187(1)(a), which clearly states that Body Corporate (i.e. foreign company) can authorise any person as its representative by resolution of Board of Directors or any other body governing the foreign company.
If you still have any doubt, feel free to ask.
CS MOHIT SALUJA
(PRACTICING CS Jalandhar 9914558709)
(5155 Points)
Replied 08 May 2013
Swati Sharma
(TRAINEE)
(328 Points)
Replied 17 June 2015
So, can a Director of investee company be appointed as authorised representative of foreign body corporate(investor)?
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
CAclubindia
