CS Professional · Drafting, Pleadings and Appearances · Art of Opinion Writing
Meridian Textiles Ltd. asks its Company Secretary, Ms. Rao, whether it can legally buy back 12% of its paid-up equity capital. She studies the Companies Act, the articles and the facts, and sends a written note stating her conclusion and the reasons behind it. What is the best description of her note?
Her note is a legal opinion: a reasoned professional view on a legal question, reached by applying the relevant law to the facts supplied. It guides the client's decision but has no binding force, unlike a judgment, pleading or statutory notice.
- AA legal opinion, being a reasoned view on a legal question based on facts and lawCorrect
- BA binding judgment that the company must follow
- CA pleading to be filed before a court
- DA statutory notice issued to the company
Explanation
A legal opinion is a reasoned professional view on a legal question, formed by applying law to stated facts. It advises the client but does not bind anyone. A judgment is issued only by a court or tribunal, and the note is neither a pleading nor a notice.
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