Seal
Guest
(Querist) 05 April 2013
This query is : Resolved
A company takes projects on cometitive bids. It has offices in almost all the states of India. It has to submit bids all over India and for the purpose requires to issue Power of Attorneys in favour of different officers of different offices. Each of the Power of Attorneys has a different format. Moreover,common seal of the Company is insisted to be affixed on each of such POA. As common seal can be affixed on the authority of the Board of Directors, practically it is not possible to seek Board's approval each time.
Please suggest easy legal way to overcome this problem.
Devajyoti Barman
(Expert) 05 April 2013
Without passing of resolution even different POA can not be executed.
Use common seal by passing resolution only.
Raj Kumar Makkad
(Expert) 05 April 2013
A general resolution may be passed and the necessity of even Board of Directors may be dispensed with in the same resolution.
Sudhir Kumar, Advocate
(Expert) 06 April 2013
Even such delegated POA may be got approved by BOA in next meeting
Guest
(Querist) 06 April 2013
In the Articles of Association of the Company, it s mentioned that common seal shall be affixed to any document on the authority of the Board. Thus, how general resolution passed by the Board shall serve the purpose when POA for each project has a different format and persons authorised under different POAs are also different.
Nadeem Qureshi
(Expert) 06 April 2013
nothing left to add, agree with experts
Guest
(Querist) 06 April 2013
Board resolution authorising particular individual is insisted alonwith POA. My query is how different persons as ATTORNEY in different projects can be covered in general resolution of the Board.
Vidhi Joshi
(Expert) 06 April 2013
agree with Mr. Makkad
Guest
(Querist) 06 April 2013
PLEASE SUGGEST DRAFT OF GENERAL RESOLUTION OF THE BOARD WHICH CAN SERVE THE PURPOSE WHERE FOLLOWING ARE THE REQUIREMENTS:
1. In the Articles of Association of the Company, it s mentioned that common seal shall be affixed to any document on the authority of the Board.
2. POA for each project has a different format and persons authorised under different POAs are also different.
3. Board resolution appointing a particular officer as attorney in a project is insisted upon alongwith POA at the time of submitting bids.
Vidhi Joshi
(Expert) 06 April 2013
no drafts will be provided consult with your co's CS.
Guest
(Expert) 06 April 2013
I wonder, as a properietor of some firm, in what way you are concerned with the tender business of a company. Can you please clarify the issue and purpose of posting the query?
ajay sethi
(Expert) 06 April 2013
we dont provide ready amde drafts
Guest
(Querist) 06 April 2013
Respected Shri Dhingra's query is not understood as the problem stated is being faced by the company. Anyway, thanks experts.
Respected Shri clone_panvel has suggested to consult company's CS. Since there is no CS, a practicing CS will be consulted. Thanks once again.
Raj Kumar Makkad
(Expert) 06 April 2013
There is no solution if different persons are to be appointed as POA for different projects in a single resolution to be passed at one time.
