You are a Speaker on Corporate Laws at a Seminar. One person from the audience has sought your opinion on the following matters: Can a Receiver be a member in a company?
CS Executive · Company Law · PYQS · June 2023
You are a Speaker on Corporate Laws at a Seminar. One person from the audience has sought your opinion on the following matters: Can a Receiver be a member in a company?
Answer & Explanation:
Receiver: A receiver whose name is not entered in the register of members cannot exercise any of the membership rights attached to a share unless in a proceeding to which company is a party and an order is made therein. Mere appointment of a receiver in respect of certain shares of a company without more rights cannot, deprive the holder of the shares whose name is entered in the Register of Members of the Company, the right to vote at the meeting of the company. [Balakrishna Gupta v. Swadeshi Polytex Ltd. (1985) 58 Com Cases 563 (S.C.))
Topics: Membership
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