15. Doctrine of Constructive Notice & Indoor Management.docx

Further there is a constructive notice not merely of

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Further, there is a constructive notice not merely of the memorandum and articles, but also of all the documents, such as special resolutions [S. 117] and particulars of charges [S. 77] which are required by the Act to be registered with the Registrar. Therefore, persons dealing with company should check with the Registrar of Companies who its directors, mangers and secretaries are at given time. Oakbank Oil Co. v. Crum (1882 8 A.C.65). ROC is a Public Office MOA and AOA become public documents after registration of a Company. Thus, Memorandum and Article s of a company are presumed to be notice to the public Such a notice is called ‘Constructive notice’. It is taken for granted that everyone who deals with the company knows of these documents. It has been held that anyone dealing with the Company is presumed not only to have read the memorandum and Article s, but understood them properly. Legal effect: If a person’s deals with a company in a manner which is inconsistent with the provisions contained in MOA and AOA he does so
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  • Summer '18
  • .
  • Law, royal british bank

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