CS Professional · Drafting, Pleadings and Appearances · Art of Opinion Writing
Before writing an opinion on whether Sundaram Foods Ltd. validly passed a resolution at an adjourned general meeting, Neha reads the articles, the notice, the minutes and the attendance records. Which purpose does this step mainly serve in preparing the opinion?
Reading the articles, notice, minutes and attendance records helps Neha verify the facts and identify the documents and legal provisions governing the issues. It does not bind any forum, remove the need to cite law, or excuse her from giving a reasoned conclusion.
- AIt lets her verify the facts and identify the governing documents and provisions relevant to the issuesCorrect
- BIt lets her avoid stating any conclusion in the opinion
- CIt makes the opinion binding on the Tribunal
- DIt removes the need to refer to the statute
Explanation
Studying the primary documents confirms the factual position and shows which provisions of the Act, secretarial standards and articles apply. It does not make an opinion binding on any forum, nor does it replace the need to refer to the statute or avoid a conclusion.
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