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CS Professional · Drafting, Pleadings and Appearances · Art of Opinion Writing

Before opining on whether Rohan Infra Ltd validly removed a director by an ordinary resolution, the company secretary notices that the notice of the meeting and the director's reply are missing from the papers supplied. What is the most appropriate step?

The company secretary should ask for the missing notice and reply, or expressly record that the opinion rests on stated assumptions and is subject to those documents. Silent assumptions or presumptions of invalidity are not sound professional practice.

  1. AAssume the procedure was followed and conclude the removal is valid
  2. BCall for the missing documents, or else state clearly that the opinion is based on the assumption and is subject to the documentsCorrect
  3. CConclude the removal is invalid because documents are absent
  4. DGive a verbal opinion to avoid liability

Explanation

Facts material to the opinion should be obtained, or the opinion must be expressly qualified by stated assumptions. Silently assuming compliance, or presuming invalidity, are both unsupported. Avoiding a written record defeats the purpose of a formal opinion.

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