Draft
Format General Power of Attorney To Act on Behalf of Company
TO ALL TO WHOM
THESE PRESENTS SHALL COME, ABC Ltd., a Company incorporated under the
Companies Act, 2013 and having its registered office at ________ (hereinafter
referred to as the "Company")
AND WHEREAS the Company is
desirous of appointing Ms. _______ (hereinafter called the
"Attorney") one of the Directors of the Company as the true and
lawful Attorney with full power and authority to do and execute all acts, deeds
and things as hereinafter mentioned in the name of and on behalf of the Company
and subject to the provisions of the Companies Act, 2013.
The Company is
carrying on the business of manufacture of Chemicals more particularly detailed
in the main objects clause of the Memorandum of the Company.
In order to
facilitate the business to be carried on smoothly, the Company hereby appoints
Ms. ________ as its constituted attorney with full power and authority to do
and execute all acts, deeds and things as hereinafter mentioned in the name of
and on behalf of the Company and subject to the provisions of the Companies Act,
2013.
NOW KNOW YOU ALL
AND THESE PRESENTS WITNESS that the Company does hereby appoint, constitute and
nominate Ms. ______ as true and lawful attorney or agent of the Company with
full powers and authority to do and execute all acts, deeds and things as
hereinafter mentioned on behalf of and for the Company viz.:
1. To
manage the affairs of the Company efficiently and faithfully and in a manner
conducive to the interest of the Company.
2. To
maintain proper control on and discipline in the staff employed and to initiate
disciplinary proceedings against any member of the staff employed in the
Company for any act of indiscipline or misconduct or any other offence
prescribed by the service rules made by the Company.
3. To
pay the monthly salaries and other emoluments of the employees as sanctioned by
the Company and to obtain receipt for the same.
4. To
open one or more accounts of the Company, in the name of the Company with one
or more Banks as may be approved by and to such an extent and with such limits
and restrictions as may be stipulated by the Directors from time to time by a
resolution of the Board or Committee of the Board of Directors of the Company
and to operate the same for and on behalf of the Company by drawing, accepting,
endorsing, negotiating, releasing, paying or satisfying any promissory notes,
bills of exchange, cheques, drafts, hundies or orders for payment of moneys and
delivery of securities, goods, or effects or other negotiable instruments and mercantile
documents which may be deemed necessary or proper in respect of the business of
the Company or its offices.
5. To
sign any deed or document or other paper required to be executed by or in favour
of the Company including a Deed of Conveyance or a Deed of Mortgage,
hypothecation or pledge or a lease or a leave or licence agreement or any other
document required to be executed by the Company.
6. To
lodge for registration any document executed by or in favour of the Company and
to admit execution thereof and do all acts and things required to be done for
registration of such deed.
7. To
accept any moneys on fixed deposit according to the schemes made by the Company
for accepting fixed deposits and to issue and sign fixed deposits receipts in
the form prescribed by the Company.
8. To
advertise the products of the Company by publishing in the newspapers or
sponsoring events or by holding seminars and by doing other acts and things
beneficial to promote the sale of the Company’s products.
9. To
demand, receive, recover, accept, exercise or utilize any claim, things, rights
or any object to which the Company is entitled and to make and give receipts
for the moneys and other property received for and on behalf of the Company.
10. To
carry on correspondence with the customers of the Company including prospective
customers, agents, brokers, dealers and other trade agents in connection with
the business of the Company and to represent the Company at any programs or
meetings in connection with or with a view to promote the business of the
Company.
11. To
take decision for instituting and defending legal proceedings and to institute
and defend legal proceedings - civil, criminal or revenue, including Income-tax,
Sales tax and Excise and confess judgement or withdraw, compromise, compound or
refer any matter or dispute to arbitration, as they or either of them may think
fit.
12. To
insure the stocks of the Company wherever stocked and to pay the premium in
respect thereof from time to time.
13. To
appear before any official of the Government in connection with the affairs of
the Company or to appoint a suitable agent to do the same on behalf of the
Company.
14. To
refer to arbitration any dispute in connection with the business of the Company
and to attend to such arbitration personally or through advocates and to do all
such acts or things as may be required in that behalf.
15. To
negotiate with any party for settlement of any dispute or claim and to compromise
or compound the same in the best interest of the Company.
16. To
receive moneys and other property payable to the Company by way of sale of the
products, commissions or any other account from the customers, agents,
shopkeepers and other persons whatsoever and to pass valid receipts for the
same and to credit the moneys so received in the Bank Account of the Company.
17. To
sign, seal, swear, affirm, declare, deliver, execute, enter into, acknowledge,
perfect and do all such contracts, conveyances, leases, mortgages, transfers,
releases, agreements, re-conveyances, reassignments, releases, agreements,
pleadings, affidavits, declarations, petitions, returns, refund orders of
income tax, super tax, gift tax, expenditure tax and any other tax assurances,
deeds, documents, instruments, acts, matter and things as shall be requisite or
as the attorney may deem necessary, proper or expedient for or in relation to
all or any of the purposes or matters aforesaid.
18. To
concur with any other person or persons interested in doing any of the acts or
things as aforesaid.
19. To
ask, demand, sue for and recover, receive payments of and give good and valid
receipts, releases, discharges and indemnities for all the moneys, securities
for moneys, profits, debts, goods, chattels, stocks, shares belonging to the
Company whether solely or jointly with any other person or persons.
20. To
commence, carry or defend, appear or appeal in all suits, departmental appeals,
appeals before the court of law, appellate bodies or tribunals and other legal
proceedings and demand touching any matter or thing in which the Company may in
any way concerned whether solely or jointly with any other person or persons as
aforesaid.
21. To
receive the interest and income arising from any securities or other property
now or hereafter belonging to the Company whether solely or jointly as
aforesaid.
22. To
give, vary and revoke instructions as to the manner in which any moneys payable
(whether periodically or otherwise) or dealt with and to make and submit returns
and afford required information relating to income tax, super tax, excess
profits tax, business profit tax, wealth tax, expenditure tax and taxation
generally.
23. To
accept for and on behalf of the Company, payments due to the Company under any
agreements earlier than the dates stipulated for such payments in the concerned
agreement on such terms and conditions as deemed fit by the Attorney and to
allow discounts, concessions and rebate and by way of interest or profits as
may be deemed fit by the Attorney.
24. To
sign all plaints, written statements, affidavits, applications, petitions, reference
papers, appeals and such other connected documents as may be required in
connection with legal proceedings arising out of the Company’s contracts for
hire purchase or any other finance business and to accept any such writ or
summons and or other legal process as shall be requisite or expedient.
25. To
present or oppose any petition for winding up or bankruptcy, to attend and vote
as proxy at any meetings of creditors, to make and file proofs of claim and
generally to act in any liquidation, bankruptcy or insolvency proceedings.
26. To sign and issue deposit receipts
to the depositors, credit and debit notes to the parties with whom the Company
has any business dealings.
27. And
generally to do all acts and things incidental to the powers hereinabove
mentioned and all other acts and things necessary for carrying on the business
of the Company to such an extent and with such limits and restrictions as may
be stipulated by the directors from time to time by a resolution of the Board
or Committee of the Company;
IN WITNESS
WHEREOF,
the Company has pursuant to a resolution of the Board of directors of the
Company passed at its meeting held on ……….., in that behalf caused its common
seal to be duly affixed hereto.
FOR AND ON
BEHALF OF THE COMPANY
Witnesses 1:
Witnesses 2:
