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CS Professional · Drafting, Pleadings and Appearances · Art of Advocacy and Appearances

A Section 8 company, Shiksha Sewa Foundation, authorises Kavita by a resolution of its Board to act as its representative at a general meeting of a company in which it is a member. Under Section 113 of the Companies Act, 2013, what is the position of Kavita at that meeting?

Kavita, authorised by Board resolution, can exercise the same rights and powers as the body corporate could if it were an individual member, including voting by proxy and postal ballot. Section 113 requires only a resolution of the governing body, not Central Government approval or any limit to attendance.

  1. AShe may only attend and cannot vote
  2. BShe may exercise the same rights and powers, including voting by proxy and postal ballot, as the body corporate could if it were an individual memberCorrect
  3. CShe may vote only on a show of hands
  4. DShe needs separate approval of the Central Government before representing the body

Explanation

Section 113(1)(a) allows a body corporate that is a member to authorise a representative by Board resolution. Section 113(2) gives that person the same rights and powers, including voting by proxy and postal ballot, as an individual member. Government approval is not required.

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