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Doctrine of Constructive Notice

Courtesy/By: Joanna Lisa Mathias | 2021-01-21 16:28     Views : 261

Company means a company incorporated under this Act or under any prior company law, Section 2 (20) of the Companies Act, 2013. The term Constructive Notice is based on the term 'constructive' which implies something that can be concluded by inference, a truth that was obvious and that the party would have known. Therefore, the definition of constructive notice is those facts which are supposed to be known to a person by way of some inference. This conclusion is drawn because of a legal obligation imposed on a person to be conscious of such conditions. In corporate jurisprudence, it means information that is supposed to be known to a person who is interacting with a corporation because, regardless of whether or not it was known to him, such information is available in the public domain. There are some laws and rules that shield the outsider individual from the business and vice versa. Companies use resources and generate revenue in the region. Therefore, corporations play an important role in the development of the economy and, therefore, the laws regulating them need to be developed. To curtail the unjust and wrong practices in the business world, these laws serve as deterrence. In the Company Rules, the theory of constructive notice and the indoor management doctrine are relevant concepts. The former was the law and the latter was the case. The constructive notice doctrine eliminates the complicity of the company's rules and regulations. When dealing with the outsider team, this doctrine acts as a defence for the business. The Theory of Constructive Notice does not constitute a strict definition, but it can be summarized as follows. A corporation is a public body and records such as the company's Memorandum of Association and the company's Article of Association are publicly available for review. It is also believed that these records have been passed on by the outsider individual, who is associated with the company for business. It is the responsibility of an outsider to be aware of the company's laws and regulations as they are accessible in public records. Section 399 of the Companies Act, 2013, allows any person to electronically inspect, record, or obtain a copy/excerpt of any company document kept by the Registrar. A fee for the same is applicable. The records include the company's certificate of incorporation. If an individual enters into a contract that is beyond a company's powers, then he has no right against the company under the said contract. The Memorandum of Association describes the company's powers. Also, the individual has no rights if the contract is outside the jurisdiction of the directors as specified in the Papers. Another consequence of this rule is that it takes a person working with the business not only to read certain documents but also to understand them in accordance with their proper sense. It is believed that he recognized not only the forces of the company but also those of its officers. Moreover, not only the memorandum and the articles but also all the papers, such as special resolutions, are constructively informed [S. 117] and descriptions of the fees [S. 77] that are required to be registered with the Registrar under the Act.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.

Courtesy/By: Joanna Lisa Mathias | 2021-01-21 16:28