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Board Resolution to Commence Litigation

This template is used to formally document a company board's decision to initiate legal proceedings against a debtor or other party. It ensures proper authorization and record-keeping for litigation.

Updated 16d ago
board resolutionlitigationdebt collectionlegalcorporate governanceSMESouthern Africa

{{company_name}}

{{company_address}}

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

Board Resolution to Commence Litigation

Board Resolution to Commence Litigation

{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}

BOARD RESOLUTION TO COMMENCE LITIGATION

Passed by the Board of Directors of {{company_name}} (hereinafter referred to as “the Company”)

Resolution Number: {{resolution_number}}

Date: {{date}}

BACKGROUND

WHEREAS the Company is owed an amount of {{amount_owed}} ({{amount_owed_words}}) by {{debtor_name}} (hereinafter referred to as “the Debtor”) for {{reason_for_debt}}.

AND WHEREAS all attempts to recover the aforementioned debt through amicable means, including {{details_of_previous_attempts}}, have been unsuccessful.

AND WHEREAS the Board of Directors has reviewed the circumstances surrounding the debt and the potential for recovery through legal action.

RESOLUTION

IT IS HEREBY RESOLVED THAT:

1. The Company shall commence legal proceedings against {{debtor_name}} for the recovery of the outstanding debt of {{amount_owed}} ({{amount_owed_words}}), plus accrued interest and legal costs.

2. The Managing Director, {{managing_director_name}}, or any Director duly authorised by him/her, is hereby empowered and authorised to appoint legal counsel, sign all necessary documents, and take all such steps as may be required to initiate, pursue, and conclude the said legal proceedings.

3. The appointed legal counsel shall be instructed to act in the best interests of the Company and to seek the full recovery of the debt, interest, and costs.

4. The Company Secretary is hereby instructed to record this resolution in the Company’s minute book and to make it available for inspection as required by law.

AUTHORISATION

This resolution has been duly passed by the Board of Directors of {{company_name}} at a meeting held on {{meeting_date}} at {{meeting_time}} at {{meeting_location}}.

CERTIFICATION

I, the undersigned, {{company_secretary_name}}, being the duly appointed Company Secretary of {{company_name}}, hereby certify that the above is a true and accurate copy of a resolution duly passed by the Board of Directors of the Company on the date specified above, and that the said resolution is still in full force and effect.

Signature Block

___________________________

{{company_secretary_name}}

Company Secretary

Date: {{date}}

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