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

Sunrise Agro Ltd's management strongly wishes to hear that a proposed buy-back is permissible. The company secretary, Mr. Arvind Nair, finds that the facts supplied suggest a likely breach of the statutory limit. What should his opinion do?

The opinion should candidly state the likely breach, with reasons, and suggest compliant alternatives where available. Independence and objectivity mean the conclusion must follow the law and facts, not the client's preference. A disclaimer or evasive reproduction of provisions does not cure a tailored conclusion.

  1. AConclude that the buy-back is permissible to satisfy the client, adding a disclaimer
  2. BAvoid any conclusion and only reproduce the statutory text
  3. CState the likely breach candidly, give reasons, and suggest compliant alternatives if availableCorrect
  4. DRefuse to give any written opinion and advise orally only

Explanation

Independence and honesty require the opinion to reflect the professional's real view regardless of what the client wants. It should explain the reasoning and, where possible, offer practical options. A tailored favourable conclusion or an evasive text-only reply fails the duty of a good opinion.

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