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ACCA Applied Skills · Corporate and Business Law (Global) · Company meetings and resolutions

Evenlode Co's articles say notice is deemed served 48 hours after posting. The company posts notice of a general meeting on Monday at 10.00 am to a member's registered address. When is the notice deemed to be received, under that provision?

The notice is deemed received on Wednesday at 10.00 am. The articles provide deemed service 48 hours after posting, and that provision applies whether or not the member has actually read the notice, so notice periods run from that deemed time.

  1. AImmediately on Monday at 10.00 am
  2. BWednesday at 10.00 am, 48 hours after postingCorrect
  3. COnly when the member actually reads it

Explanation

Where the articles contain a deemed service provision, notice is treated as received at the stated time after posting, whether or not actually read. 48 hours after Monday 10.00 am is Wednesday 10.00 am. Actual reading is irrelevant, and posting does not mean instant receipt.

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