Reimbursement of the expenses to managing director, etc., in connection with criminal cases instituted against them from funds of companies ‑ Whether permissible
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Indemnification by company limited: defence costs reimbursable only after officers secure favourable judicial termination of proceedings. A company is precluded from using its funds to exempt or indemnify officers or auditors against liabilities for negligence, default, misfeasance, breach of duty or breach of trust; such provisions are void. A company may, however, indemnify an officer or auditor for defence costs only where judgment is given in the officer's favour, the officer is acquitted or discharged, or court relief is granted on a statutory application, so reimbursement arises only after a favourable termination of proceedings.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Indemnification by company limited: defence costs reimbursable only after officers secure favourable judicial termination of proceedings.
A company is precluded from using its funds to exempt or indemnify officers or auditors against liabilities for negligence, default, misfeasance, breach of duty or breach of trust; such provisions are void. A company may, however, indemnify an officer or auditor for defence costs only where judgment is given in the officer's favour, the officer is acquitted or discharged, or court relief is granted on a statutory application, so reimbursement arises only after a favourable termination of proceedings.
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