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Niranjan Kulkarni (-)     04 May 2013

Delegating responsibility within a firm

Two entities A and B form a company XYZ pvt ltd. can it be done such that A and B are delegated certain responsibilities and any liability arising out of mis execution of these responsibilities, would lead to entitlement of such liability on A or B respectively rather than the company XYZ (In which case both A and B would be equally liable). Can such a MoU be drafted and would it stand in the court of law.



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 2 Replies

Rajendra K Goyal (Advocate)     08 May 2013

Responsibility area of both can be fixed but both would be represanting Company and would be working on behalf of the company. Company can not escape liability.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     09 June 2013

Company is Liable for any act or omission of delegates. MOU to escape liability is useless, as MOU is right in personama, not right in  rem. 


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