The main statutory provisions in relation to pratipurush can be clarified as follows:
1. Appointment by Member Any member of the company who is entitled to attend and vote at the meeting of the company may appoint any other person to attend and vote in his place at the meeting. It is thus clear that only a member of the company can appoint a protégé, but if there is no provision in the Articles, then a member of a company without share capital cannot appoint a protégé.
But it is the right of the Central Government to abrogate the right of protégé appointment of members of any class or classes of companies. 2. Representatives of President, Governor, body corporate, etc. Sometimes shares of a company
Also held by President, Governor, Body corporate / amalgamated body etc.
There are. All of them can authorize any person to represent themselves in the meeting of the company. The person so represented is treated at par with a member of the company and has all the rights of a member. Even such a representative can speak in the assembly, or can also appoint a counterparty, can also take part in the vote by mail. In this way, such a representative has wider authority than the prati man.
3. Exceptions and Limitations – Related to the right of every member to appoint a Pratyusha
Some exceptions and limitations are as follows
(i) the Central Government may determine the class or classes of companies whose members
shall not have the right to appoint a counterparty. (ii) A Pratyusha appointed by a member may act as a Pratyusha for the same member or for a maximum of 50 members and shares up to the prescribed number.
4. Rights of Pratimaush Pratimaush has the following rights (i) He can vote in the place of a member in the assembly but no prati man can speak in place of a member in the assembly.
(ii) the President, the Governor, may speak in the representative/house of representatives of the body corporate,
Can participate in discussions/discussions, can vote by raising hands, vote by ballot
can demand. He may also appoint a Pratipurush to attend the meeting in his place. (iii) any representative together with any member or counterpart by voting in the House
can demand a vote. (iv) Protagonist can take part in voting only by voting in the assembly.
5. Restrictions on Rights The Protagonist will not have the following rights
(i) Pratipurush will not be able to speak in the meeting. (ii) shall not vote except by voting by counter-male ballot. But the representative has all these rights.
6. Mention in the notice of the meeting of the right to appoint a counterparty- Every company having share capital or of every company whose Articles permit the appointment of a proxy shall be mentioned in the notice of the meeting of the following rights of the member “Every member present in the meeting” is entitled to vote and he shall be entitled to vote in one or more
is entitled to appoint pratipurushas and to attend the meeting and at his own place.
shall be entitled to vote and it is not necessary for such a person to be a member.”
7. Form of Appointment for Men – The form of appointment for Men will be as follows
(i) This deed shall be in writing. This form no. Will be in MGT-11. (ii) it should contain the name of the person, if his full name is not written but he can be identified by the particulars written therein, it will be sufficient. • (iii) of the member or his authorized person appointing the proxy on this form
Must have name, address and signature. (iv) In case of joint shareholders, the countersignature form should be signed by all the joint shareholders or by any one authorized person on behalf of all of them. All the joint shareholders can also authorize any of them to appoint a counterparty.
(v) When companies fill it, the company’s common currency is also marked on it.
8. Time of submission of the counter-male form, duly completed, per-male appointment
Submit the form to the company at least 48 hours before the commencement of the meeting of the company
needed. If the Articles of the Company stipulate a period exceeding 48 hours for the submission of such form, then this provision of the Articles of Association shall be void. In other words, even if there is any provision otherwise in the Articles of the Company, the Appointment Form has to be submitted at least 48 hours before the commencement of the meeting. 9. Inspection of counter-forms Every member of the company who has the right to attend and vote in the meeting may inspect all the counter-forms received by the company at any time from 24 hours before the meeting till the end of the meeting. but to observe
The company has to give written notice at least three days before the meeting of its will.
10. Cancellation of Appointment of Protagonist Any member may cancel the appointment of his counterpart by giving written notice before voting by the Protégé. In addition, if a member himself presents himself in the meeting and casts his vote, then the appointment of the Pratimausht is deemed to have been cancelled. Sometimes two or more counterfeit forms are deposited with the company for the same shares held by a member. In such a case, the person mentioned in the form which is written later in the order of time will be the valid person.