The constructive notice is a legal entity that will have that information or should be known, as a reasonable person is unaware of any legal action taken or will be taken, even if they have no real or actual information about it. This doctrine is often interpreted in relation to published legal notices. It can be sent to court or to any newspaper that is designated for publication. As such because these are easily accessible or open to the general public forex.- libraries and courts are open to all members of the general public. Whenever a notice is issued to a person it may be a group notice showing all the people in the dispute, so the person is considered to have received the notice even if they did not really know it.
Doctrine of Constructive Notice under Companies Act, 2013
The doctrine of constructive notice in terms of corporate law is a doctrine in which all persons responsible for the company are considered to be knowledgeable of the articles of association and the memorandum of association of the companies. The doctrine of Indoor Management is exception to it.
The concept of constructive notice either by tenant or landlord is approved for use by the housing court in New York City. As such, this notice may be given to a landlord when an unsupported and broken metal grate on a public road falls or collapse when a person steps on it while leaving the road. The landlord is therefore expected to know that this is a security risk.
Section 399 of the Companies Act, 2013 sets out the rules and regulations governing inspection, proof of documents with the Registrar and production, including the doctrine of constructive notice. In this doctrine, it also explains the following,
There is constructive notice not only of the memorandum and articles of association, but also documents such as the special resolution referred to in section 117 that requires the Act to be registered with the Registrar. There will be no notification of documents submitted only for record purposes, such as refunds and accounts. According to Palmer, the policy only applies to documents affecting the company’s capabilities.
This doctrine of constructive notice shall apply to the general Law form. Repeat the form is a public document containing details of the company’s strategic directors and executives and secretaries in charge of day-to-day operations of the company.
Characteristics of Constructive Notice
(a) The Constructive Notice is also known as an legal fiction, the reason being that the courts assume that those who are interested have information that they may not actually have.
(b) This notice is often relied upon when working with an interested person is no longer possible because the party ignores the process server at its door or is simply unavailable when trying to service.
(c) the constructive notice is known to be higher than the actual notice, forex.- the person to whom the summons is actually issued has related documents may receive the benefit of dismissal due to lack of notice if the submission of paperwork was improper. However, in a constructive notice a person who has been properly granted and received a constructive notice but for some reason has not yet received a certified copy of the summons and related documents will not be able to dismiss the case from the lack of services.
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