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Companies Act 1989

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This is the original version (as it was originally enacted).

142Abolition of doctrine of deemed notice

(1)In Part XXIV of the [1985 c. 6.] Companies Act 1985 (the registrar of companies, his functions and offices), after section 711 insert—

711AExclusion of deemed notice

(1)A person shall not be taken to have notice of any matter merely because of its being disclosed in any document kept by the registrar of companies (and thus available for inspection) or made available by the company for inspection.

(2)This does not affect the question whether a person is affected by notice of any matter by reason of a failure to make such inquiries as ought reasonably to be made.

(3)In this section “document” includes any material which contains information.

(4)Nothing in this section affects the operation of—

(a)section 416 of this Act (under which a person taking a charge over a company’s property is deemed to have notice of matters disclosed on the companies charges register), or

(b)section 198 of the Law of Property Act 1925 as it applies by virtue of section 3(7) of the Land Charges Act 1972 (under which the registration of certain land charges under Part XII, or Chapter III of Part XXIII, of this Act is deemed to constitute actual notice for all purposes connected with the land affected)..

(2)In Schedule 22 to the [1985 c. 6.] Companies Act 1985 (unregistered companies), in the entry for Part XXIV at the appropriate place insert—

Section 711AAbolition of doctrine of deemed notice.Subject to section 718(3)..

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