Wednesday 8 August 2012

Usefull Resolution of Companies Act.


 
1) Appointment of Cost Auditor:
Kind of Meeting : Board Meeting 
Type of Resolution : Resolution with simple majority
“RESOLVED that subject to the approval of the Central Government, pursuant to Section 233B of the Companies Act 1956, ..…………………Cost Accountants be appointed Cost Auditor for auditing the company’s cost accounting records for the financial year ………… on a remuneration of Rs …………”

2) Appointment of First Auditors:
Kind of Meeting : Board Meeting 
Type of Resolution : Resolution with simple majority
“RESOLVED that M/s ……………. be and are hereby appointed auditors of the company to hold office till the conclusion of the first Annual General Meeting at a remuneration of Rs …………”

3) Adoption of common seal:
 Kind of Meeting: Board Meeting 
Type of Resolution: Resolution by simple majority
“RESOLVED that the proposed common seal of the company submitted to the meeting, be and is hereby adopted as the common seal of the company and that the common seal be kept in the custody of Shri……...secretary of the company.”

4) Approving report of the board u/s.217:
Kind of Meeting: Board Meeting
Type of Resolution: Resolution with simple majority
“RESOLVED that the report of the Board of Directors for the year ended ……….. as per draft placed before the board and initialed by the Chairman be and is hereby approved and the Chairman be and is hereby authorized to sign the report on behalf of the Board for issuing it to members along with the other documents.”

5) Appointment of a whole-time Company Secretary:
 Kind of Meeting: Board Meeting 
Type of Resolution: Resolution with simple majority
“RESOLVED that Mr. ……………… who possesses the required qualifications under the Companies (Appointment and Qualification of Secretary) Rules 1988 be and is hereby appointed as a secretary on the terms and conditions contained in the draft letter of appointment, a copy of which duly initialed by the chairman for the purpose of identification was tabled and approved at the meeting.”
6) Appoint a person as an auditor, other than the retiring auditor:
 Kind of Meeting: General Meeting
Type of Resolution: Ordinary Resolution (special notice is required forthe resolution)
“RESOLVED that pursuant to the provisions of Section 225 of the Companies Act 1956 M/s …………… Chartered Accountants of ………….be and are hereby appointed auditors of the company in place of retiring auditors M/s ……………. to hold office from the conclusion of the AGM until the conclusion of the next AGM at a remuneration of Rs.………. plus out of pocket expenses .”

7) Shifting of Registered office from one state to another:
Kind of Meeting: General Meeting
Type of Resolution: Special Resolution
“RESOLVED that pursuant to Section 17 of the Companies Act 1956and subject to the confirmation of the Company Law Board, the registered office of the company be shifted from ……………. to……………… and that the existing clause II in the Memorandum of Association of the company be altered accordingly.”

8) Change the name of the Company:
Kind of Meeting: General Meeting 
Type of Resolution: Special Resolution
“RESOLVED that pursuant to provisions of Section 21 of the Companies Act 1956 and subject to the approval of the Central Government the name of the company be changed from .……………..…to ……………………”




9) Employing a director’s relative:
 Kind of Meeting: General Meeting
Type of Resolution: Special Resolution
“RESOLVED pursuant to Section 314(I-B) of the Companies Act 1956and subject to prior approval of the Central Government that Mr………….. a relative of Mr.………… a director of the company, be appointed as General Manager (Production) of the company at a monthly remuneration of Rs………….”“ Further resolved that the remuneration payable to Mr…………. as aforesaid will be subject to such modification as may be required by the Central Government and acceptable to the Board of Directors and Mr…………”


10) Commence new business:
 Kind of Meeting: General Meeting 
Type of Resolution: Special Resolution
“RESOLVED that pursuant to Section 149(2A) of the Companies Act1956 approval be and is hereby given to the commencement by the company of all or any of the business specified in clause ….. of the object clause ….. of the Memorandum of Association of the company.”

11) Increase in the Authorized share capital of the company:
Kind of Meeting: General Meeting 
Type of Resolution: Ordinary Resolution
“RESOLVED that pursuant to Section 94 and other applicable provisions if any of the Companies Act 1956, the authorized  share capital of the company be and is hereby increased from Rs ………….. to Rs………… divided into ………… equity shares of Rs …….each by creation of ………….new equity shares of Rs …….. each ranking pari passu with the existing shares of the company.”

12) Adoption of Annual Accounts:
Kind of Meeting: Annual General Meeting (AGM) 
Type of Resolution: Ordinary Resolution
“RESOLVED that the director’s report, audited balance sheet as on…………… and profit and loss account for the year ended ………….and auditor’s report thereon be and the same are hereby received, considered and adopted.”
The Directors of the Company be and are hereby authorized to execute the said power of attorney on behalf of the Company in favor of Shri _______________ and that the common seal of the Company be affixed  thereto in their presence.

13). MAINTAIN OF BOOKS AT A PLACE OTHER THAN THEVII. MAINTAIN OF BOOKS AT A PLACE OTHER THAN THE REGISTERED OFFICEREGISTERED OFFICE
 RESOLVED THAT the books of account of the Company be maintained at Company's Corporate office at _________________, _______________ (M.P.) and that ______________________________well, Company Secretary of the Company be and is hereby authorized to notify the said decision to the Registrar of Companies, Madhya Pradesh at Gwalior in the prescribed e-Form 23AA.

14). INDEMNITY BOND IN FAVOUR OF STEAMER AGENTS/PORTVIII. INDEMNITY BOND IN FAVOUR OF STEAMER AGENTS/PORT COMMISSIONERSCOMMISSIONERS
“RESOLVED THAT the under-noted persons be and are hereby authorized jointly and severally to execute for and on behalf of the  company indemnity bon_______________ to Steamer Agents/Port Commissioners in consideration of their agreements to deliver consignments to the company pending subsequent production of the Bills of Lading by the company:—Shri  ABC Shri XYZ”

15). AUTHORITY UNDER DRUGS & COSMETICS ACTIX. AUTHORITY UNDER DRUGS & COSMETICS ACT
“RESOLVED THAT the Board of Directors of the Company do hereby severally authorize the following officers of the Company to comply with the requirements of section 34 of Drugs and Cosmetic Act, 1940and all other sections, rules and regulations _______________ may beapplicable to the Company in connection with the Company's manufacturing activities of all types of Ayurveda Products from time totime.1. Shri _____________: Chemist2. Shri _____________: Manager Quality3. Shri ______________: Manager Quality Control4. Shri +_______________: _______________stt. Manager “

“RESOLVED FURTHER THAT the above said officers of the Company’s hall be jointly and/or severally responsible for the Company and the concerning Govt. Department for comply with all the requirements of the above said Act _______________ may be applicable from time to time. RESOLVED FURTHER THAT a certified copy of the above said resolution be submitted by the Chairman of the Company to the concerning department to act upon it.X.”

16).AUTHORITY TO TRANSACT CUSTOM HOUSE BUSINESSAUTHORITY TO TRANSACT CUSTOM HOUSNESS
“RESOLVED THAT any one of the following representatives be and is hereby  authorized to transact Customs House Business e.g.:(1) to sign customs documents such _______________ bills of entry, shipping bills; (2) to sign manifests, refund orders or drawback bills; (3) to receive money or grant receipts; and (4) to execute Bon_______________ of Guarantees on behalf of the company in respect of goo_______________ imported by the company.”

17). AUTHORITY TO AVAIL CAPITAL SUBSIDY INVENTIVE.
“RESOLVED THAT Ms. _______________, Director of the Company, be and is hereby authorized to file any document/affidavit or give any undertaking for filing the claim and receiving the money from the Government with respect to capital subsidy under modernization and/or technology up gradation incentive applicable to us _______________ per M.P. Industrial Policy, 2006, in the office of the General Manager, District Industries Centre and the Director of industries, Punjab, Chandigarh, for and on behalf of the Company to conduct Enquiry, make application(s) to the above office for the development of the industrial unit. “

“RESOLVED FURTHER THAT Ms. _______________ be and is hereby further authorised to receive the investment incentive of Rs.___________ (Rupees ____________________ only) from the bank/finial institution Department of Industries and to issue the actual payees receipt at the time of disbursement of incentive amount after the execution of the deed and to do all acts, The_______________ and the things whatsoever he may deem fit, proper and advisable.”

“RESOLVED FURTHER THAT Ms. _______________ will be the authorize signatory of the Company with regard to all matters pertaining to or arising out of the ailment of incentives and all the acts,  things done by him shall be binding on the Company.”


18) Resolution for Opening of Bank Account

RESOLVED THAT the consent of the Board of the Directors of the Company be and is hereby accorded to open a Current Account in the name and style of “PQR Ltd.” with Kotak Bank Ltd., Kalina Branch, Mumbai.
The following person be and is hereby authorized to sign and accept all cheques, instruments, promissory notes and all other order / documents for and on behalf of the company’s aforesaid Current Account as per the instructions mentioned below.
Sl. No
Name
Authority Level
1
Ms. X
Individually Without limit.
RESOLVED FUTHER THAT the aforesaid Bank be and is hereby authorized to honour all Cheques, Promissory Notes, Bill of Exchange and other document / order signed and / or accepted by the authorized persons either the above Account be in Credit or Overdrawn.
RESOLVED THAT a copy of the aforesaid resolution be forwarded to the above Bank for record purpose.”

CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF (NAME OF THE COMPANY) HELD AT THE REGISTERED OFFICE OF THE COMPANY AT (ADDRESS) ON (DATE) AT (TIME)

“RESOLVED THAT the Company's Banking Current Account No___________ with (Name of the Bank with address) , be closed and the amount, if any, lying in the said account be returned to the Company by way of issuance of Bankers’ Cheque payable at New Delhi or transfer to other Current Account in the name of the Company, and the following Directors of the Company be and are hereby severally authorized to do all such acts, deeds and things and to sign all such documents, papers and writing as may be necessary in this regard:

[Name of the authorized person(s) with their designation]

"RESOLVED FURTHER THAT the above said Directors of the Company be and are hereby severally /jointly authorized to do all such acts, deeds and things and to sign all such documents as may be required in connection with the closure of the said Account.”


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