General Power Of Attorney By A Company - Legal Draft

GENERAL POWER OF ATTORNEY BY A COMPANY

TO ALL TO WHOM THESE PRESENTS SHALL COME, ____________________, a

Company incorporated under the Companies Act, 1956 and having its

registered office at ___________________________________ (hereinafter

referred to as the "Company") SENDS GREETINGS:

AND WHEREAS the Company is desirous of appointing Sh. ________________

(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, 1956:

1. The Company is carrying on the business of manufacture of

________________ more particularly detailed in the main objects clause

of the Memorandum of the company.

1. In order to facilitate the business to be carried on smoothly, the

Company hereby appoints Sh. _____________ 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, 1956.

NOW KNOW YOU ALL AND THESE PRESENTS WITNESS that the Company does

hereby appoint, constitute and nominate Sh. _____________ 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.

1. 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.

1. To pay the monthly salaries and other emoluments of the employees

as sanctioned by the Company and to obtain receipt for the same.

1. 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.

1. 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.

1. 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.

1. 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.

1. To appoint agents or dealers for sale of the products of the

Company on terms and conditions prescribed by the Company and to sign

necessary letters or agreements for such appointments.

1. To take on monthly tenancy basis or leave or license basis go-

downs, storerooms or other suitable premises for storing the products

of the Company and to pay the rent thereof.

1. 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.

1. 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.

1. 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.

1. To commence and prosecute any suit or other legal action or

proceedings in relation the business of the Company and for recovery

of any moneys, good or other properties of the Company or establishing

a right related to the business of the Company and to defend any suit

or legal proceedings against the Company by any person or other

company, and for that purpose to sign, affirm, or declare plaints,

statements of defence, petitions, affidavits and other papers as may

be require to be done and to appoint any advocate or solicitor for

that purpose.

1. To insure the stocks of the Company wherever stocked and to pay

the premium in respect thereof from time to time.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. To concur with any other person or persons interested in doing any

of the acts or things as aforesaid.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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;

1. 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;

1. To sign and issue deposit receipts to the depositors credit and

debit notes to the parties with whom the Company has any business

dealings;

1. 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

_________ at _____________ in that behalf caused its common seal to be

duly affixed hereto.

FOR AND ON BEHALF OF THE COMPANY

Witnesses :