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Monday 17 October 2011

Indoor Management Rule

ü  Indoor Management Rule
o   Common Law
§  Turquand’s Case
§  A third party is allowed to presume that all internal rules of the companies has been complied with unless the third party has knowledge of such non-compliance
o   Statutory
§  S128(1) – a person dealing with a company is entitled to make certain assumptions in relation to those dealings.
§  Assumption is made by a person dealing with the company as provided under S129
§  The assumptions provided for in S129 relate to the internal procedures of the company having been complied with
§  Those are assumptions that a person dealing with the company is entitles to make
§  The limitation is s128(4) A person is not entitled to make an assumption in section 129 if at the time of the dealings they knew or suspected that the assumption was incorrect.

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