Ressolution
BHARTI KOTHARI
(Querist) 14 January 2017
This query is : Resolved
Sir complaint has been filled against me for cheque bouncing by a company on the basisi of ressolution. however the said ressolution does not bear the seal of company and further the blanks in the said ressolution for cheque number and date were filled by hand written without any intial after the execution of ressolution. now my query is that can it be valid ressolution and beside this what are the requirement for valid ressolution under companies act.
Dr J C Vashista
(Expert) 14 January 2017
Show the document, resolution and copy of complaint to a local lawyer for proper appreciation, guidance and proceeding.
Rajendra K Goyal
(Expert) 14 January 2017
Have you issued / signed the cheque?
Have you been issuing the cheques on behalf of the company?
Whether the resolution was for this particular cheque?
Discuss with your lawyer.
R.K Nanda
(Expert) 15 January 2017
contact local lawyer.
BHARTI KOTHARI
(Querist) 15 January 2017
Thank you Nanda sir and goyal sir. I am also pracxtising advoxcate. cxan you tell me what are the requirement for valid ressolution ansd where i will get the related provision under companies act or negotiaible instrument act
Rajendra K Goyal
(Expert) 15 January 2017
Search google under companies act / discuss with company secretary / CA.
BHARTI KOTHARI
(Querist) 17 January 2017
thanks sir but can you tell weather seal on the ressolution is essential ingredient for validation of ressolution. as in my case the ressolution does not have seal.
Guest
(Expert) 17 January 2017
Ms. Bharti Kothari,
So far as seal on the resolution is concerned, if the resolution does not confer perpetual power upon anyone, as of policy matter, no seal of the company is required, as seal is required in policy matters, not for authorisation for a single case, event, or occasion.
So far as filling in blank in ink in the typewritten matter is concerned, that makes the resolution invalid without authentication of the insertion of entries or modification in originality of the resolution.
Rest depends upon the nature of the case.
