Managing committee of a co-operative society
Dhruv
(Querist) 20 September 2012
This query is : Resolved
Dear All,
A company is the owner of a flat in a Co-operative Housing Society Limited(CHSL). A director of that company is residing in the flat. He now wishes to become a memebr of the Managing Committee. My Query is as under:
1. As far as I am aware, only employees of the company can reside in a CHSL flat owned by the company. A director, not an employee, is he entitled to reside at the said flat?
If the answer to the above query is Yes then my second query is as under:
2. The company has given all the authorizations u/s 187 to represent the company. Is such authorization only restricted to voting in the meetings of the Society or does the said authorization empower the director to contest the elections for the Managing Committee?
ajay sethi
(Expert) 20 September 2012
in case flat is owned by company it can authorise its director to use said premises for his residence .
V R SHROFF
(Expert) 20 September 2012
Company can allow any f their Director, manger, or authorised staff to occupy and use their Flat premises for his residence
Dhruv
(Querist) 21 September 2012
Thankyou Sirs for your replies. However in respect to my query, can the Director become a member of the Managing Committee of the Society. HE has the right to vote on behalf of the company, but can he contest the elections for the Committee?
Guest
(Expert) 21 September 2012
If the company is listed as the member, the society cannot deny a duly authorised director of the company to participate, vote, function and to take part in election on behalf of the company. However, unless debarred through the byelaws of the society in any way, only the company would be eligible to become the member of the managing committee through the authorised director, but not the director in his individual capacity, as he does not own any shares/property/membership of the society in his individual name.
Guest
(Expert) 21 September 2012
If the company is listed as the member, the society cannot deny a duly authorised director of the company to participate, vote, function and to take part in election on behalf of the company. However, unless debarred through the byelaws of the society in any way, only the company would be eligible to become the member of the managing committee through the authorised director, but not the director in his individual capacity, as he does not own any shares/property/membership of the society in his individual name.
