A Board Resolution For Appointment of Attorney is a crucial corporate governance document used when a South African company needs to formally authorize legal representation. This document becomes necessary when a company requires dedicated legal representation for general matters or specific legal proceedings. The resolution must comply with the Companies Act 71 of 2008, the company's Memorandum of Incorporation, and South African corporate governance requirements. It typically includes details of the board meeting where the decision was made, the specific powers granted to the attorney, any limitations on their authority, and the terms of their appointment. The document serves as evidence of the attorney's authority when dealing with third parties and ensures proper corporate governance in the appointment of legal representatives.
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1. Company Details: Full legal name of the company, registration number, and registered address
2. Meeting Details: Date, time, venue/platform of the board meeting, and confirmation of quorum
3. Directors Present: List of directors present at the meeting and those absent with or without apology
4. Background: Brief context explaining the need for legal representation and attorney appointment
5. Resolution: The formal board resolution appointing the attorney, including their full name, practice details, and general scope of authority
6. Authorization: Specific powers granted to the attorney to act on behalf of the company
7. Execution: Details of who is authorized to execute any necessary documents to give effect to the resolution
8. Certification: Certification by the chairperson or company secretary that the resolution was duly passed
1. Limitations of Authority: Specific limitations or restrictions on the attorney's authority, used when the board wants to set clear boundaries
2. Duration of Appointment: Specific term of the appointment if not indefinite, used when the appointment is for a fixed period
3. Remuneration Terms: Details of fee arrangements and payment terms, used when these need to be specifically approved by the board
4. Replacement/Succession: Provisions for replacement or alternate attorneys, used when continuity of legal representation is crucial
5. Reporting Requirements: Specific requirements for the attorney to report to the board, used in cases requiring close oversight
1. Attorney Details: Detailed information about the appointed attorney including qualifications, practice number, and contact details
2. Scope of Authority: Comprehensive list of specific matters and jurisdictions where the attorney is authorized to represent the company
3. Extract of MOI: Relevant extracts from the company's MOI confirming the board's authority to make such appointments
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Mining
Manufacturing
Retail
Technology
Healthcare
Real Estate
Construction
Agriculture
Transportation
Energy
Telecommunications
Professional Services
Education
Non-Profit
Relevant Teams
Legal
Compliance
Corporate Governance
Board Secretariat
Risk Management
Executive Office
Corporate Affairs
Regulatory Affairs
Relevant Roles
Chief Executive Officer
Company Secretary
Legal Counsel
Board Director
Managing Director
Compliance Officer
Corporate Governance Officer
Risk Manager
Board Chairperson
Chief Legal Officer
General Counsel
Executive Director
Non-Executive Director
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