Can company file the suit against director without resolution under companies act, 1956?
Akshay (Manager) 01 December 2010
Can company file the suit against director without resolution under companies act, 1956?
y haraharanathbabu (practing law) 01 December 2010
RESOLUTION MUST BE PASSED AND THEREAFTER ONLY COMPANY IS ELIGIBLE TO INITIATE PROCEEDINGS AGAINST THE DIRECTOR. WITHOUT RESOLUTION, COMPANY IS NOTHING TO DO UNDER THE COMPANIES ACT.
SACHIN AGARWAL (ADVOCATE) 04 December 2010
Under the provisions of Companies Act, 1956 the Company can not do any business without passing a resolution and likewise the suit can also be filed after passing of the resolution and without passing of the resolution, the suit would not be maintainable.
suresh kumar (junior lawyer) 07 December 2010
yes he can do that
Advocate Bhartesh goyal (advocate) 07 December 2010
A company incorporated under companies act can not sue or file a case against any one or his director without the resolution passed by board of directors.
R.Ranganathan (Advocate) 08 December 2010
Resolution is a must, for a company to initiate legal proceedings, for and on behalf of the company
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