CS Professional · Drafting, Pleadings and Appearances · Art of Opinion Writing
A company secretary gives an opinion to Meera Retail Ltd that a particular resolution needs a special resolution. Later the law is amended. Which statement about the opinion is correct?
An opinion reflects the facts and law prevailing on the date it is given, so it should be dated and state its basis. After an amendment, the advice may need to be reviewed, as it does not update itself.
- AThe opinion continues to be valid indefinitely for all future matters
- BThe opinion speaks as of the date given and the law then in force, so it should state its date and basis and may need revisiting after amendmentCorrect
- CThe opinion automatically updates itself
- DThe amendment makes the earlier opinion a legal offence
Explanation
An opinion reflects the facts and law as on its date, so it should be dated and note the law relied on. A later amendment may change the position and the advice needs review. It does not become an offence or update automatically.
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