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Governance & ComplianceCompany Policies

Board Resolution to Commence Litigation

This template provides a formal record of a board of directors' decision to initiate legal proceedings against a specific party. It is used when a company needs to take legal action to protect its interests.

Updated 15d ago
board resolutionlitigationlegal actioncorporate governancecompany policydispute resolution

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}}

Website: {{website}}

BOARD RESOLUTION TO COMMENCE LITIGATION

Passed on {{date}}

At a duly convened meeting of the Board of Directors of {{company_name}}, held at {{meeting_location}} on {{date}}, the following resolution was unanimously (or by majority) adopted:

BACKGROUND

WHEREAS, {{company_name}} has been involved in a dispute with {{defendant_name}} regarding {{nature_of_dispute}}.

WHEREAS, despite diligent efforts to resolve the matter amicably through negotiation and mediation (if applicable), including {{details_of_previous_efforts}}, such efforts have proven unsuccessful.

WHEREAS, the Board of Directors believes that legal action is necessary to protect the interests, assets, and reputation of {{company_name}}.

WHEREAS, the Board has reviewed the legal advice provided by {{law_firm_name}} concerning the merits of the case, the potential risks, and the anticipated costs of litigation.

RESOLUTION TO COMMENCE LITIGATION

RESOLVED, that the Board of Directors hereby authorises and instructs the management of {{company_name}} to commence legal proceedings against {{defendant_name}} (the 'Defendant') for {{specific_claims_being_made}}.

RESOLVED FURTHER, that the appropriate officers of the company, specifically including {{authorised_officer_name}} ({{authorised_officer_title}}), be and are hereby authorised to retain legal counsel, execute all necessary documents, and take all actions deemed necessary or appropriate to initiate and prosecute such litigation on behalf of {{company_name}}.

RESOLVED FURTHER, that the total legal expenditure for this litigation shall not exceed {{maximum_legal_expenditure}} ({{currency}}), without further approval from the Board of Directors.

RESOLVED FURTHER, that the management shall provide regular updates to the Board of Directors on the progress of the litigation, at least {{frequency_of_updates}}.

RESOLVED FURTHER, that {{law_firm_name}} is hereby appointed as the external legal counsel to represent {{company_name}} in this matter.

AUTHORITY AND DELEGATION

The {{authorised_officer_title}} and/or {{another_authorised_officer_title}} are hereby granted full power and authority to represent the company in all aspects of this litigation, including but not limited to negotiating settlements, making strategic decisions, and instructing legal counsel.

Any actions taken by the aforementioned officers in furtherance of this resolution prior to the date hereof are hereby ratified and approved.

EFFECTIVE DATE

This resolution shall be effective immediately upon its adoption.

CERTIFICATION

I, the undersigned, Secretary of {{company_name}}, do hereby certify that the foregoing is a true and accurate copy of a resolution duly adopted by the Board of Directors of {{company_name}} at a meeting held on the date specified above, and that such resolution is in full force and effect as of the date hereof.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the company on this {{certification_date}}.

Signature Block

___________________________

{{secretary_name}}

Company Secretary

{{company_name}}

Date: {{signature_date}}

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