Section 113 of the Companies Act, 2013

Section 113 of the Companies Act, 2013 deals with the representation of corporations at meetings of companies and of creditors.

Section 113 – Representation of Corporations at Meetings of Companies and of Creditors

Key Provisions:

Who can appoint a representative:

A body corporate (such as a company) which is a member or creditor of another company can authorize someone to act on its behalf at:

Meetings of the company,

Meetings of any class of members,

Meetings of creditors.

How the authorization is done:

By resolution of its Board of Directors or other governing body.

Rights of the representative:

The appointed representative has the same rights and powers as the body corporate would have if it were an individual member or creditor.

This includes voting rights (either on a show of hands or on a poll).

Applicability to Debenture-holders:

This section also applies to debenture-holders who are body corporates and want to be represented at debenture-holder meetings.

📌 Illustration:

If Company A is a shareholder in Company B and wishes to attend Company B’s general meeting, Company A can authorize a person (through board resolution) to attend and vote on its behalf under Section 113.

 

LEAVE A COMMENT

0 comments