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A person dealing with a company: Select one: a. Will lose their entitlement to rely on the statutory assumptions set out in s 129 of the Corporations Act 2001 (Cth) if they have actual knowledge that contradicts an assumption. b. Has a right to rely on the statutory assumptions in s 129 of the Corporations Act 2001 (Cth) in all situations. c. Will not be able to enforce the transaction where the agent of the company has been fraudulent or dishonest, even if they were unaware the person they were dealing with had been fraudulent or dishonest. d. Must undertake independent inquiries before entering into a transaction with the company.

Question

A person dealing with a company:

Select one:

a. Will lose their entitlement to rely on the statutory assumptions set out in s 129 of the Corporations Act 2001 (Cth) if they have actual knowledge that contradicts an assumption.

b. Has a right to rely on the statutory assumptions in s 129 of the Corporations Act 2001 (Cth) in all situations.

c. Will not be able to enforce the transaction where the agent of the company has been fraudulent or dishonest, even if they were unaware the person they were dealing with had been fraudulent or dishonest.

d. Must undertake independent inquiries before entering into a transaction with the company.

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Solution

The correct answer is:

a. Will lose their entitlement to rely on the statutory assumptions set out in s 129 of the Corporations Act 2001 (Cth) if they have actual knowledge that contradicts an assumption.

This is because the statutory assumptions in s 129 of the Corporations Act 2001 (Cth) are designed to protect those who deal with a company in good faith and without knowledge of any irregularities. If a person has actual knowledge that contradicts an assumption, they cannot rely on that assumption. This is to prevent people from taking advantage of the company by relying on assumptions they know to be false.

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