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company law, certificate of incorporation date

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › company law, certificate of incorporation date

  • This topic has 1 reply, 2 voices, and was last updated 8 years ago by MikeLittle.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
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  • June 29, 2017 at 9:51 am #394307
    iloveaccountancy
    Member
    • Topics: 119
    • Replies: 111
    • ☆☆☆

    Hi Mike

    I watched lecture 6 of Company Law, where you mention that even a wrong date put by the registrar on the registration certificate is valid. You mentioned that this has come up in exam questions.

    So just to be clear, a wrong date on the Certificate of Incorporation becomes/remains the valid date, and the company is now liable to contractual duties it would not have been had the actual date been put. And this is so even when it is the fault of the registrar and the company is innocent of the fault?

    Thank you in advance for your help.

    June 29, 2017 at 2:09 pm #394320
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    Yes … ok.

    But ………… it so very rarely happens (the Jubilee Cotton Mills case was 93 years ago!) that there’s really no need to get too excited about this

    Yes, the company would in theory be liable but the Courts would probably nowadays see the inequity of the situation and find a way to rectify the issue

    OK?

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