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.
0 comments