You can not appear before a court in any legal case matter of the company (where you work) unless you have a proper authorisation from the company. Whether your company is a defendant or plaintiff in that case, you would need the authorisation in the form of a board resolution or a power of attorney or both. Do consult your lawyer as to the requirement in this regard.
The Board of Directors in any of its meeting can pass a resolution in order to authorise an official to appear before the court for a court case. Here, most importantly, the following details should be clearly mentioned viz. case number, court name, parties, location and any other important information as may be necessary.
The Board of Directors in any of its meeting can pass a resolution in order to authorise an official to appear before the court for a court case. Here, most importantly, the following details should be clearly mentioned viz. case number, court name, parties, location and any other important information as may be necessary.
Template of board resolution for authorisation to a person to appear before court is provided hereunder:—
SAMPLE #1
#. To appoint authorised representative to appear before court in case no. ........
“RESOLVED THAT (Name of the Officer), (Designation) be and is hereby authorised to appear before the court, on behalf of the company, in the matters of the company vs. .................... vide case no. ............ filed at ......... court, at (location).
FURTHER RESOLVED THAT (Name of the Officer), (Designation) be and is hereby further authorised to sign and submit the applications, plaints, affidavits, petitions, counter claims and any other papers/ documents, as may be required to be filed in court or with any other authorities in connection with said case vide no. .............. by or against the company and to represent the company in all other matters incidental thereto as may be considered necessary and expedient and to do all such acts and deeds as may be necessary in this regard.”
SAMPLE #2
#. Authorisation to represent the company in court cases.
“RESOLVED THAT (Name of the Person), (Title) and (Name of the Person), (Title) be and is hereby severally authorised to appear on behalf of the company in all court cases of the company whether civil or criminal, original or appellate, in connection with any legal proceedings in various courts and / or such other lawsuits wherein the company is a defendant or a plaintiff or otherwise involved in any other ways requiring the company to appear before the court in that case.”
“RESOLVED FURTHER THAT (Name of the Person), (Title) and (Name of the Person), (Title) be and is hereby severally authorised to sign, verify and submit applications, petitions, plaints, written statements, counterclaims, objection petition, complaints, memorandum of appeal and any other documents as may be required to be submitted to the court or any other authority or organisation/individual in connection with any court case or legal proceedings involving the company.”
“RESOLVED FURTHER THAT (Name of the Person), (Title) and (Name of the Person), (Title) be and is hereby severally authorised to engage counsels, to execute power of attorney in favour of any person in relation to any court case, to swear Affidavits on behalf of the company and to do all such acts, deeds and things in this regard.”
#. Authorisation to represent the company in court cases.
“RESOLVED THAT (Name of the Person), (Title) and (Name of the Person), (Title) be and is hereby severally authorised to appear on behalf of the company in all court cases of the company whether civil or criminal, original or appellate, in connection with any legal proceedings in various courts and / or such other lawsuits wherein the company is a defendant or a plaintiff or otherwise involved in any other ways requiring the company to appear before the court in that case.”
“RESOLVED FURTHER THAT (Name of the Person), (Title) and (Name of the Person), (Title) be and is hereby severally authorised to sign, verify and submit applications, petitions, plaints, written statements, counterclaims, objection petition, complaints, memorandum of appeal and any other documents as may be required to be submitted to the court or any other authority or organisation/individual in connection with any court case or legal proceedings involving the company.”
“RESOLVED FURTHER THAT (Name of the Person), (Title) and (Name of the Person), (Title) be and is hereby severally authorised to engage counsels, to execute power of attorney in favour of any person in relation to any court case, to swear Affidavits on behalf of the company and to do all such acts, deeds and things in this regard.”
I needed it for reference while drafting my resolution. Thank you my dear.
ReplyDeleteVery helpful. Thanks
ReplyDeleteVery professionally drafted resolution. Thank you !
ReplyDeleteSir, can you please give the draft of Resolution for changing the name of Authorised Representative for court cases ?
ReplyDeleteIts very helpful...Thank u for drafts
ReplyDeleteVery helpful. Thank you
ReplyDeletegood
ReplyDeleteCopy paste should be allowed :)
ReplyDelete