A Board Resolution For Power of Attorney is essential when a company needs to formally delegate authority to specific individuals to act on its behalf. This document is commonly used in Australia when companies need representatives to execute documents, conduct transactions, or manage specific business affairs in situations where board members cannot be present. The resolution must comply with the Corporations Act 2001 (Cth) and state-specific legislation, making it particularly important to include all required elements such as clear identification of the attorney(s), specific powers granted, duration, and any limitations. The document is crucial for businesses operating across multiple locations or requiring flexible representation in various transactions.
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1. Company Details: Full legal name of the company, ACN, registered office address
2. Meeting Details: Date, time, location of the board meeting, and confirmation of quorum
3. Present Directors: List of directors present at the meeting and those absent
4. Chairperson: Identification of the meeting's chairperson
5. Background: Context for why the power of attorney is needed and its business purpose
6. Confirmation of Authority: Confirmation that the board has authority to grant the power of attorney under the company constitution
7. Attorney Details: Full name, address, and position/relationship to the company of the appointed attorney
8. Powers Granted: Specific powers being granted to the attorney, including any limitations or conditions
9. Duration: Period for which the power of attorney is valid, including start and end dates if applicable
10. Execution Requirements: How the power of attorney document should be executed and witnessed
11. Certification: Secretary/Director's certification that the resolution is true and accurate
1. Multiple Attorneys: Section specifying if attorneys can act jointly/severally, used when appointing more than one attorney
2. Revocation of Previous Powers: Section revoking any previous powers of attorney, used when replacing existing arrangements
3. Foreign Requirements: Additional requirements for use in foreign jurisdictions, included when the power of attorney will be used internationally
4. Delegation Powers: Section specifying whether the attorney can delegate powers to others, included when delegation might be necessary
5. Reporting Requirements: Specific reporting obligations of the attorney to the board, used for enhanced oversight
1. Schedule 1 - Specified Powers: Detailed list of specific powers granted to the attorney
2. Schedule 2 - Prescribed Form: The prescribed power of attorney form as required by relevant state legislation
3. Schedule 3 - Company Constitution Extract: Relevant excerpts from the company constitution regarding powers of attorney
4. Appendix A - Board Meeting Minutes: Copy of the relevant board meeting minutes
5. Appendix B - Specimen Signature: Specimen signature of the appointed attorney(s)
Relevant legal definitions
Company
Board
Directors
Resolution
Attorney
Power of Attorney
Constitution
Corporate Seal
Corporations Act
Business Day
Delegate
Execution Date
Grantor
Meeting
Powers
Principal
Register
Secretary
Specified Acts
Term
Witness
Authorised Representative
Governing Law
Jurisdiction
Prescribed Form
Revocation
Board
Directors
Resolution
Attorney
Power of Attorney
Constitution
Corporate Seal
Corporations Act
Business Day
Delegate
Execution Date
Grantor
Meeting
Powers
Principal
Register
Secretary
Specified Acts
Term
Witness
Authorised Representative
Governing Law
Jurisdiction
Prescribed Form
Revocation
Clauses
Company Identification
Board Authority
Meeting Details
Appointment
Powers Granted
Duration and Term
Execution Requirements
Limitations and Restrictions
Revocation
Registration and Filing
Certification
Attestation
Governing Law
Indemnification
Delegation Authority
Reporting Requirements
Witness Requirements
Multiple Attorneys Provisions
Board Authority
Meeting Details
Appointment
Powers Granted
Duration and Term
Execution Requirements
Limitations and Restrictions
Revocation
Registration and Filing
Certification
Attestation
Governing Law
Indemnification
Delegation Authority
Reporting Requirements
Witness Requirements
Multiple Attorneys Provisions
Relevant Industries
Financial Services
Manufacturing
Real Estate
Mining and Resources
Technology
Healthcare
Retail
Construction
Professional Services
Transport and Logistics
Agriculture
Energy
Telecommunications
Education
Relevant Teams
Legal
Corporate Governance
Compliance
Risk Management
Executive Leadership
Board Secretariat
Corporate Affairs
Finance
Operations
Relevant Roles
Chief Executive Officer
Managing Director
Company Secretary
Chief Legal Officer
General Counsel
Corporate Lawyer
Board Director
Chief Financial Officer
Chief Operating Officer
Compliance Officer
Risk Manager
Corporate Governance Manager
Legal Counsel
Executive Director
Non-Executive Director
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