Power of Attorney by
the Partners of a Firm to One of Them
To All To Whom These
Presents Shall Come, We (1) Mr. A, residing at .. (2) Mr. B. residing at ...
and (3) Mr. C, residing at ...
Whereas we the said
Mr. A, Mr. B and Mr. C are partners along with Mr. D of a partnership Firm in
the name of M/s ... and are carrying on business of on the terms and conditions
contained in a Deed of Partnership dated...
And Whereas under the
said Deed the said Mr. D is authorised to act as the Managing Partner and he is
mostly looking after the business of the said partnership.
And Whereas we are
not able to attend regularly to the business of the said partnership because of
either our preoccupations or other reasons and we have full confidence in the
said Mr. D.
And Whereas in order
to enable him to carry on the said business and to do all acts and things
required to be done alone and without being required to approach every time for
our consent or authority or signatures, we have proposed to appoint him as our
express and authorised attorney or agent to do all acts and things hereunder
mentioned and which he has agreed to do.
NOW KNOW YOU ALL AND
THESE PRESENTS WITNESS that we the said Mr. A, Mr. B and Mr. C hereby jointly
and severally and as the partners of the said Firm appoint and constitute the
said Mr. D our attorney or agent with full authority and powers to do and
execute all the following acts, deeds and things In the name and on the behalf
of the said Firm or in our names and on our behalf and for us viz.
1.
To
carry on the business of the said partnership Firm M/s... in terms of the said
Deed of Partnership dated.......
2.
To
buy and sell all goods and merchandise connected with the business of the said
Firm and to pay and receive moneys in respect thereof.
3.
To
appoint managers, accountants. clerks, peons and other persons for carrying on
different types of work in connection with the said business, to pay their
salaries, wages and other emoluments as are normally paid and if necessary to
remove or dismiss any one or more of them as occasion may require.
4.
To
acquire any premises on rent or other terms for carrying on the business of the
Firm. including godowns, store rooms for storing goods.
5.
To
open one or more accounts in one or more Banks in the name of the Firm and to
operate the same as well as those at present existing. To close any such
account or accounts if necessary.
6.
To
draw, accept, negotiate, pay or satisfy any bills of exchange, promissory
notes, cheques, hundies, drafts. orders for payment or delivery of money,
securities for goods, bills of lading, railway receipts and other negotiable
instruments which the said attorney as partner may think necessary or desirable
in the course of the business of the Firm and the promotion thereof.
7.
To
sign all applications and papers required for obtaining different kind of
licenses and permits from Govt. Municipal and other local authorities required
to be obtained under the law and to obtain such licences and permits.
8.
To
borrow moneys as may be required from time to time for the business of the
company from any bank by way of overdraft or cash credit account without
security or with security by way of hypothecation or pledge of the goods and
moveable assets of the Firm or by mortgage, equitable or legal of any immovable
property of the Firm or by way of drawing hundies or in other way as possible
and with such rate of interest and on such terms and conditions as the said
Attorney may think fit.
9.
To
take any moveable property required for the business of the Firm on hire or on
hire purchase basis on such terms as the said attorney may think proper and to
enter into and execute agreements In that behalf.
10.
To
purchase, or take on lease or otherwise acquire any immovable property
consisting of land or land with building or a flat or other premises in a
building on ownership basis or any godown, store room and other premises
required for effectually carrying on the business of the Firm.
11.
To
sell or give on lease or otherwise dispose of any moveable or immovable property
or assets of the Firm if not required by the Firm for its business or if it Is
profitable to do so on such terms as the said attorney may think fit.
12.
To
buy and sell shares, bonds and other securities of any Company, Govt.
Corporations, Local authority or any Government as may he deemed necessary in
the Interest of the Firm.
13.
To
demand, receive, recover. collect all debts outstanding, trade dues and all
moneys or property due and payable to the Firm and to pass receipts for the
same.
14.
For
all or any of the purposes herein contained to enter into and execute
agreements, deeds of any nature. such as deed of conveyance, deed of mortgage,
deed of lease or sub lease. hire purchase agreement or any other deed or
document required to be executed by or in favour of the Firm.
15.
To
lodge for registration all deeds executed by the said attorney or In favour of
the Firm and which require registration under the law and to do all other acts
and things required for completing registration and to pay stamp duties and
registration charges In respect thereof.
16.
To
commence and prosecute any suit, or other civil or criminal proceedings or
legal action in any civil or criminal court of law or Tribunals or Government
offices having quasi judicial powers or forums and to recover any moneys or
other property moveable or immovable to establish any legal right or to enforce
any agreement or to claim and recover damages as may be necessary for the
benefit of the business of the Firm.
17.
To
defend any suit or other legal proceedings against the Firm and its partners
for recovery of any claim or money or property or any other cause of action.
18.
For
the purposes aforesaid, to sign, declare, verify or affirm plaints, written
statements of defence, petitions, affidavits and other papers and applications
as may be required from time to time.
19.
To
appoint advocates as -and when required for advice or for conducting any matter
of litigation or dispute in which the firm is involved and to pay their fees.
20.
To
insure the property of the firm for any risk and to pay the premium as and when
it becomes due.
21.
To
appear before any Court, Judge, Government or other officer or authority and to
represent the firm in connection with any matter concerning the firm.
22.
To
pay income tax and other taxes payable by the Firm and for that purpose to file
income tax returns and produce Books of Account for assessment, and other
documents to appear before Income Tax Officer and other Officers, to file
appeals and other applications against any orders passed by the Income Tax
Officer and other Officers or Appellate authority and for that purpose to
engage Chartered Accountant. Tax Consultants and other experts.
23.
To
write and maintain accounts of all other dealings and business of the Firm and
for that purpose to maintain necessary Books of Accounts and to get them
audited by a Chartered Accountant.
24.
To
agree to refer any dispute between the Firm and other party in any transaction
or any claim made by or against the Firm for moneys or otherwise, to
arbitration of one or more arbitrators and to attend such arbitration on behalf
of and to represent the Firm and file all statements of claim, defence and
evidence before the Arbitrator or Arbitrators.
25.
To
compound, compromise or settle any claim due to or due by the Firm from or to
any person on such terms and conditions as the said attorney may think fit or
to abandon or waive any claim including a claim In any suit or legal
proceeding.
26.
To
attend meetings of the shareholders of any company or corporation in which the
Firm is a shareholder or any one or more partners of the Firm is or are a
shareholder or shareholders as such and to exercise all the rights of the share
holder in such meeting or otherwise.
27.
And
generally to do and execute all acts and deeds and things as are necessary to
be done or executed for the business of the said Firm and which we would be
required to do personally in the absence of this power of Attorney.
And we agree to
ratify all such lawful acts deeds and things done and executed by the said
attorney pursuant to these presents as well as partners of the said Firm.
IN WITNESS WHEREOF
We, Mr. A, Mr. B. and Mr. C. have put our respective hands this ... day of ...
in the presence of ...
Signed and delivered
by the with in named Mr. A. Mr. B and Mr. )
C. In the presence of
....