論文代寫-室內管理規則IMR

論文代寫-室內管理規則IMR。推定通知原則的存在是為了讓外人檢查公司的文件。那些將要與該公司合作或與他們一起工作的人將能夠檢查這些文件,然後根據這些發現做出決定。這樣,任何與公司合作的公司外部人員都將了解公司董事的權利形式,並意識到這一點。但是,在某些情況下,有些外人對內部程序一無所知,因此不能說他們是否遵守了這些程序。室內管理規則IMR正是為此目的而制定的。對室內管理規則的首次應用理解是在英國皇家銀行訴Turquand案中。在本案中,法院首先允許外部人士對該公司是否遵守了必要的規則和法律做出假設。根據IMR,外部人士與公司的交易通常是出於善意。在這裏,沒有必要讓任何局外人注意到或有一些合理的理由來預測公司內部工作的不規范或不當。接下來論文范文論文代寫-室內管理規則IMR分享給留學生閱讀。

The Doctrine of Constructive Notice existed to allow outsiders to inspect the documents of companies. People who were going to partner with the company or work with them would be able to examine the documents, and then based on the findings make their decision. This way any outsider of the company who work with a company will know the form of rights of the Directors of the company and are aware of it. However, in some cases, there were outsiders who did not have any knowledge about the internal procedures, and hence could not say if they were complied with. The indoor management rule IMR was established precisely for this purpose. The first application understanding of the Indoor Management Rule was in the case of the Royal British Bank v. Turquand. It was in this case, the Court first allowed for outsiders to make assumptions on whether the company has complied with needed rules and legislations. In this case, the company directors have given a banker guarantee for borrowing which did not fall under the usual rules for shareholder. Using the absence of shareholder approval as a reason, the company wanted to avoid payment. The court rejected this assumption and found the company to have understood such transactions to be authorized. The basis and the need for understanding company working is what hence led to the Indoor Management Rule. Under the IMR, the outsiders who are associating with the company will be able to make some reasonable assumptions on the regular working of the company. The outsiders would be able to decide whether the company working is consistent or reliable as per their needs. Internal consistency of decisions can be evaluated by the outsider. In order for indoor management rules to be understood properly, it is necessary to understand how the common law, inquiry exception is also applied.

Primarily, the rule is applicable in such areas, where there are some procedural conditions to be fulfilled with respect to the company’s board of directors wanting to give an agent some actual authority. Directors must be properly appointed, and must have convened proper board meetings as well. The board members must be well informed, and the quorum should exist for the directors to make a decision. Now, a bona fide outsider would be allowed to expect these conditions to be implemented in order to be assured of regularity in working. Under the IMR, outsider deals with the company usually happens on good faith. Here, there is no need for any outsider to notice or have some reasonable grounds to anticipate irregularity or impropriety in the company’s internal working.

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