Registration of power of authority
Ms. Ritu Agarwal
(Querist) 31 August 2012
This query is : Resolved
Dear All,
Thanks for the response you all give to resolve query of mine.
I have come up to all of you with a query.
We have a power of Attorney in names of our Director of the company for attaching his digital signature at the time of uploading the tender by the rest of directors of the company.
But now west Bengal Govt.wants that the the said power of attorney should be registered as per the provisions of registration act 1908.
Please help me out by stating that how can I decide where the power of attorney has to be registered and what will be the requisites provisions.
Please help me by answering the query at the earliest.
Thanking You,
Ritu Agarwal
C.S. LL.B.
ajay sethi
(Expert) 31 August 2012
where has the power of attorney been executed? for instance if your regd office is in kolkata and power of attorney has beene xecuted in his favour in kolkata it can be regd in kolkata .
Ms. Ritu Agarwal
(Querist) 31 August 2012
Thank You Ajay Sir I will like to inform you that power of attorney has been executed inn kolkata but then where under which notoary I have to get is notoraised or I have to go to the court for its registration.
Thanks & Regards
Ritu Agarwal
C.S. LL.B.
ajay sethi
(Expert) 31 August 2012
you have to have it regd in kolkata as west bengal govt wants it regd . notary wont do
Anirudh
(Expert) 31 August 2012
Dear Ms. Ritu,
I do not understand what is the whole issue is about?
Each of the Directors would have their individual digital signatures - right?
Whether they personally affix such digital signature to a document, or anybody else authorised in this behalf does it - how does it matter? Further, where is the need/necessity for granting any Power of Attorney to anybody?
A Power of Attorney would be normally required only for doing physical things - like putting physical signature on any document on behalf of the principal.
In the instant case, it is only the digital signature that has to be put. So long as the digital signature is affixed - whether by Director himself, or on his behalf by anybody else, it will not make any difference, because such a signature is being electronically appended. Except through the password, the computer has no other means of verifying the correctness. Even if somebody affixes the digital signature wrongly or abuses or misuses the same, the Director concerned cannot escape his personal responsibility!
Therefore, I do not think any Power of Attorney is required to be constituted for this purpose. First examine this aspect before proceeding further.
I do not know whether I am missing any vital point which you have in mind.
