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Authorised Signatory in a private limited company
21-Oct-2024 (In Criminal Law)
I am only a Authorised Sgnatory in a private company. I am neither a Diector nor shareholder in the company. I have been made accused in cheating case without arraignment of the company is it possible
Sir in that case we can file a case against the company for falsely accusing you for the cheating and making you liable for the same and that you are not the authorised person person for being liable of any of the charges that are made against you.
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Adv. Karishma
Delhi | 50+ Answers
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if any cheating or fraud case is filed against the company, all persons involved in the activity liable for offence provided they have knowledge of the activity, if any one of the persons who is not involved or has no knowledge about offence , in your case , if you don't haave know about cheating , you are not liable for any offence ( cheating)
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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I have read your query regarding your case and there are lots of judgments regarding your case because you are the authorised signatory this is a main problem on your side because you are the main person this side whenever you free call me back
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Adv. Gourav Sharma
Delhi | 100+ Answers
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Yes, an authorized signatory who is not a shareholder or director can be arraigned in a cheating case, provided there is sufficient evidence that they were involved in or had a role in the fraudulent or dishonest activities.
In legal terms, a person can be held responsible for cheating or fraud if they are found to have the necessary intent (mens rea) and have committed or aided in the commission of an offense (actus reus). Even if the individual is not a shareholder or director, their role as an authorized signatory may make them liable if they knowingly participated in or facilitated the fraudulent act.
However, merely holding the position of an authorized signatory does not automatically make a person culpable for criminal activities; there must be specific evidence linking them to the wrongful conduct.
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Adv. Rupal Dwivedi
Delhi | 50+ Answers
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The person who deals on the day to day affairs of the company and also have the decision making power can be attributed as a person who might have control over the decision making as to the affairs of the company which is a separate legal entity. In such circumstances, you being the authorised representative must have been appointed through a Board resolution passed by the company and in that nature must not be holding the decision making power which is vested with the directors. Hence, can't be made as a party in a criminal case. As you must have been working as an employee of the company and the AR ship must be part of your job.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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