GENERAL POWER OF ATTORNEY BY A COMPANY[CD1]
TO
ALL TO WHOM THESE PRESENTS SHALL COME, ……………………. Company incorporated under the Companies Act, 1956 and having its
registered office at ………………… (hereinafter referred to as the
"Company") SENDS GREETINGS:
AND
WHEREAS the Company is desirous of appointing Sh. (hereinafter called the "Attorney") one of the Directors
of the Company as the true and lawful Attorney with full power and authority to
do and execute all acts, deeds and things as hereinafter mentioned in the name
of and on behalf of the Company and subject to the provisions of the Companies
Act, 1956:
1.
The Company is carrying on the business of
manufacture of more particularly detailed in the main object’s clause of the
Memorandum of the company.
2.
In order to facilitate the business to be
carried on smoothly, the Company hereby appoints Sh. as its constituted attorney with full power and authority to
do and execute all acts, deeds and things as hereinafter mentioned in the name
of and on behalf of the Company and subject to the provisions of the Companies
Act, 1956.
NOW
KNOW YOU ALL AND THESE PRESENTS WITNESS that the Company does hereby appoint,
constitute and nominate Sh. as true and
lawful attorney or agent of the Company with full powers and authority to do
and execute all acts, deeds and things as hereinafter mentioned on behalf of
and for the Company viz.,
1.
To manage the affairs of the Company
efficiently and faithfully and in a manner conducive to the interest of the
Company.
2.
To maintain proper control on and discipline
in the staff employed and to initiate disciplinary proceedings against any
member of the staff employed in the Company for any act of indiscipline or misconduct
or any other offence prescribed by the service rules made by the Company.
3.
To pay the monthly salaries and other
emoluments of the employees as sanctioned by the Company and to obtain receipt
for the same.
4.
To open one or more accounts of the Company,
in the name of the Company with one or more Banks as may be approved by and to
such an extent and with such limits and restrictions as may be stipulated by
the Directors from time to time by a resolution of the Board or Committee of
the Board of Directors of the Company and to operate the same for and on behalf
of the Company by drawing, accepting, endorsing, negotiating, releasing, paying
or satisfying any promissory notes, bills of exchange, cheques, drafts, hundis
or orders for payment of moneys and delivery of securities, goods, or effects
or other negotiable instruments and mercantile documents which may be deemed
necessary or proper in respect of the business of the Company or its offices.
5.
To sign any deed or document or other paper
required to be executed by or in favor of the Company including a Deed of
Conveyance or a Deed of Mortgage, hypothecation or pledge or a lease or a leave
or license agreement or any other document required to be executed by the
Company.
6.
To lodge for registration any document
executed by or in favor of the Company and to admit execution thereof and do
all acts and things required to be done for registration of such deed.
7.
To accept any moneys on fixed deposit
according to the schemes made by the Company for accepting fixed deposits and
to issue and sign fixed deposits receipts in the form prescribed by the
Company.
8.
To appoint agents or dealers for sale of the
products of the Company on terms and conditions prescribed by the Company and
to sign necessary letters or agreements for such appointments.
9.
To take on monthly tenancy basis or leave or
license basis go-downs, storerooms or other suitable premises for storing the
products of the Company and to pay the rent thereof.
10.
To advertise the products of the Company by
publishing in the newspapers or sponsoring events or by holding seminars and by
doing other acts and things beneficial to promote the sale of the Company’s
products.
11.
To demand, receive, recover, accept, exercise
or utilize any claim, things, rights or any object to which the Company is
entitled and to make and give receipts for the moneys and other property
received for and on behalf of the Company.
12.
To carry on correspondence with the customers
of the Company including prospective customers, agents, brokers, dealers and
other trade agents in connection with the business of the Company and to
represent the Company at any programs or meetings in connection with or with a
view to promote the business of the Company.
13.
To commence and prosecute any suit or other legal
action or proceedings in relation the business of the Company and for recovery
of any moneys, good or other properties of the Company or establishing a right
related to the business of the Company and to defend any suit or legal
proceedings against the Company by any person or other company, and for that
purpose to sign, affirm, or declare plaints, statements of defense, petitions,
affidavits and other papers as may be require to be done and to appoint any
advocate or solicitor for that purpose.
14.
To insure the stocks of the Company wherever
stocked and to pay the premium in respect thereof from time to time.
15.
To appear before any official of the
Government in connection with the affairs of the Company or to appoint a
suitable agent to do the same on behalf of the Company.
16.
To refer to arbitration any dispute in
connection with the business of the Company and to attend to such arbitration
personally or through advocates and to do all such acts or things as may be
required in that behalf.
17.
To negotiate with any party for settlement of
any dispute or claim and to compromise or compound the same in the best
interest of the Company.
18.
To receive moneys and other property payable
to the Company by way of sale of the products, commissions or any other account
from the customers, agents, shopkeepers and other persons whatsoever and to
pass valid receipts for the same and to credit the moneys so received in the
Bank Account of the Company.
19.
To sign, seal, swear, affirm, declare,
deliver, execute, enter into, acknowledge, perfect and do all such contracts,
conveyances, leases, mortgages, transfers, releases, agreements, re-
conveyances, reassignments, releases, agreements, pleadings, affidavits,
declarations, petitions, returns, refund orders of income tax, super tax, gift
tax, expenditure tax and any other tax assurances, deeds, documents,
instruments, acts, matter and things as shall be requisite or as the attorney
may deem necessary, proper or expedient for or in relation to all or any of the
purposes or matters aforesaid.
20.
To concur with any other person or persons
interested in doing any of the acts or things as aforesaid.
21.
To ask, demand, sue for and recover, receive
payments of and give good and valid receipts, releases, discharges and
indemnities for all the moneys, securities for moneys, profits, debts, goods,
chattels, stocks, shares belonging to the Company whether solely or jointly
with any other person or persons.
22.
To commence, carry or defend, appear or
appeal in all suits, departmental appeals, appeals before the court of law,
appellate bodies or tribunals and other legal proceedings and demand touching
any matter or thing in which the Company may in any way concerned whether
solely or jointly with any other person or persons as aforesaid.
23.
To receive the interest and income arising
from any securities or other property now or hereafter belonging to the Company
whether solely or jointly as aforesaid.
24.
To give, vary and revoke instructions as to
the manner in which any moneys payable (whether periodically or otherwise) or
dealt with and to make and submit returns and afford required information
relating to income tax, super tax, excess profits tax, business profit tax,
wealth tax, expenditure tax and taxation generally.
25.
To accept for and on behalf of the Company,
payments due to the Company under any agreements earlier than the dates
stipulated for such payments in the concerned agreement on such terms and
conditions as deemed fit by the Attorney and to allow discounts, concessions
and rebate and by way of interest or profits as may be deemed fit by the
Attorney.
26.
To sign all plaints, written statements,
affidavits, applications, petitions, reference papers, appeals and such other
connected documents as may be required in connection with legal proceedings arising
out of the Company’s contracts for hire purchase or any other finance business
and to accept any such writ or summons and or other legal process as shall be
requisite or expedient;
27.
To present or oppose any petition for winding
up or bankruptcy, to attend and vote as proxy at any meetings of creditors, to
make and file proofs of claim; and generally, to act in any liquidation,
bankruptcy or insolvency proceedings;
28.
To sign and issue deposit receipts to the
depositor’s credit and debit notes to the parties with whom the Company has any
business dealings;
29.
And generally, to do all acts and things
incidental to the powers hereinabove mentioned and all other acts and things
necessary for carrying on the business of the Company to such an extent and
with such limits and restrictions as may be stipulated by the directors from
time to time by a resolution of the Board or Committee of the Company;
IN
WITNESS WHEREOF, the Company has pursuant to a resolution of the Board of
Directors of the Company passed at its meeting held on …………………………at …………………in
that behalf caused its common seal to be duly affixed hereto.
FOR
AND ON BEHALF OF THE COMPANY
Witnesses:
1.
………………
2.
………………
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