Members of a corporation may order directors to take legal action by special resolution. Indeed, unless the Constitution provides otherwise, the general powers of delegation in law are subject to instructions that are not inconsistent with the law or the Constitution, which members may give by special resolution. Finally, a non-lawyer may appear before the court on behalf of a litigant if, and only if, the court concerned grants such authorization. As noted in Harishankar Rastogi, the precursors, relationship, reasons for the individual`s use of services, and various other circumstances must be collected before granting or denying authorization. An exception may also be provided for by law. For example, in criminal cases prosecuted for charges, the law allows an accused company to appear by a representative who can answer any questions and plead on behalf of the company. In determining whether to make an exception, the court will consider the nature of the application, the nature of the proceedings, and whether a right is sought to represent the company only at the hearing (by oral and written submissions) or to effectively represent the company as counsel on the record before the proceedings and at the hearing. In the latter case, the court will take into account that the absence of a qualified lawyer may complicate and cost the pre-trial phase of the proceedings for the other party. Unlike natural persons, who may represent themselves personally as litigants, directors or members of a company who are not qualified lawyers do not have the right to be heard in court and therefore cannot represent the company.
This applies even if the company is a sole proprietorship or has only one director. India continues to grow as an economic and political player in the Southeast Asian region. Companies see opportunities to enter a new market, expand their existing business, or export goods/services to the billions of people who live in India. On the other hand, Indian companies see opportunities to export their goods and services and expand their business to other markets in Southeast Asia and the rest of the world. Dickinson Wright has the knowledge, experience and experience in cross-border services to help businesses navigate this growing economic centre. Doing Business in India Cross-border legal issues are often complex and require legal advice that understands how different cultures affect business relationships. With many members of our Indian practice team born in India or of Indian descent, we understand the cultural intricacies and unique aspects of doing business in India. Our lawyers provide our clients with effective and transparent representation in India`s ever-changing economy.
Dickinson Wright`s Indian practice team has extensive experience in corporate, regulatory and transaction law, assisting U.S. and Canadian clients with foreign direct investment, wholly foreign-owned company formations, joint ventures, mergers and acquisitions, regulatory compliance and the full range of business activities. Our lawyers are adept at navigating the regulatory bureaucracy of the Indian government while seizing the opportunities offered by new economic reforms. We represent clients in a wide range of industries, including automotive, manufacturing, consumer products, retail, information technology. Working with Indian companies Our practice team in India not only helps clients navigate India, but also provides strategic legal advice to Indian companies looking to expand or operate in the United States. Our team works across practice areas to build a team that supports our Indian clients with a range of services from corporate and intellectual property to immigration and tax matters. With offices in key markets such as Michigan, Ohio, Kentucky, Tennessee, Florida, Texas, Nevada, Arizona, Washington, D.C. and Toronto, Dickinson Wright is available to our clients to identify legal issues, including state and federal regulations, that may impact your company`s operations. When a dispute arises, our highly trained and knowledgeable litigators ensure that complaints are dealt with and that our clients` rights are protected.
Our lawyers have experience in courtrooms and mediations, which allows them to obtain an additional level of assurance that the legal strategy applied minimizes legal risks and maximizes business opportunities. Therefore, it is clarified that the Lawyer Act allows any person who is not registered as a lawyer under that Act to appear before the courts. However, this is again at the sole discretion of this court. Can a director or member of a corporation represent the corporation in court? No, except in exceptional cases. If a company is involved in a procedure that has not been duly authorised, it is possible to validate the procedure retroactively with subsequent ratification. The plaintiff company may ratify the act of the lawyer who brought the action on behalf of the company and resume the proceedings, so that the defendant cannot oppose it. Therefore, it is good to learn and know that a non-lawyer can represent someone in court and a person can hire a non-lawyer to represent in court. However, whether they can proceed entirely depends and is at the discretion of the honourable court where the party`s application was filed. In any event, the court may allow a person who is not a lawyer to represent a company in “extraordinary circumstances.” Although the Supreme Court gave no indication as to what might be considered an “extraordinary circumstance”, it found that the following points did not in themselves meet the threshold: Section 32 of the Advocates Act 1961 provides, under the heading “Power of the court to authorize the appearance in certain circumstances: Notwithstanding the provisions of this Chapter: Any court, authority or person may authorize any person who is not registered as counsel under this Act to appear before it in a particular case. The Companies Act 2014 provides a very limited exception to this rule.
If a company is charged with a criminal offence, it may appoint a representative to appear before the court on its behalf. In general, there is no explicit delegation of authority to directors to take legal action and hire lawyers on behalf of a corporation. Rather, this power derives from the general transfer of management powers from the company to the directors in the company`s articles of association, as derived from the Companies Act 2014 (the “Act”).1 The decision to initiate legal proceedings should be taken at a duly convened and constituted meeting of the Management Board, with the Directors adopting a decision approving those measures2.