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Doctrine of Constructive Notice: Meaning and Legal Implications

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Doctrines of company law

There are many doctrines of company law explaining different concepts of company law. Some of them are Discussed in detail in this article like The doctrine of Indoor Management, Doctrine of Constructive Notice and the Doctrine of ultra vires.

Doctrine of Constructive Notice

When the article of association and the memorandum of association both gets registered to a registrar then they become available to the public under section 399 of the companies Act, 2013. Any member of the general public can view these documents by paying the prescribed fee. Any person may write to the company and request for such documents and the company within seven days has to mandatorily provide with the documents.

If it fails to provide such documents then every officer who is at default will be liable to pay a fine of 1000 Rs. for every single day until such default continues or Rs. 1 lakh whichever is less.

Therefore, it is the duty of the company to keep these documents up to date and provide the person who wants them. It Is irrespective that the documents have been read by the person it is These both documents hence serve as the notice to general publica and hence it is constructive notice.

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