Legal Question in Business Law in India

Power of attorney by a Mg. Director

A MD gave POA to an officer (no Board resolution/not under common seal) to perform an act which the MD was empowered to do. The MD has retired some time back. Can the POA holder continue to exercise the power ?


Asked on 10/15/07, 7:47 am

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Power of attorney by a Mg. Director

No its not possible that POA can execute any kind of power.

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Answered on 10/16/07, 2:29 am
G. M. Gupta gmguptaandassociates

Re: Power of attorney by a Mg. Director

no

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Answered on 10/15/07, 9:59 am
Amit Shukla AS and Associates Legal Services

Re: Power of attorney by a Mg. Director

No.POA holder can not continue to exercise the power.

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Answered on 10/15/07, 11:53 am

Re: Power of attorney by a Mg. Director

A power of attorney alleged to have been issued under the authority granted by the Company shall be deemed to be legal, valid and binding only when it has been approved and executed under the power conferred by the resolution passed at the meeting of board of directors of the Company and issued under the common seal of the company. The power of attorney issued by the MD in this case does not bind the company for any acts or deeds committed by the attorney holder.

Further, MD can delegate his authority and power (conferred on him on being an MD) to some other person only if he is authorised by the company to do so or the articles of association or the agreement of his appointment as MD give him such power.

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Answered on 11/19/07, 7:18 am


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