Doctrine Of Ultra Vires In Company Law Ppt
Ultra vires the directors but intra vires the company can be ratified by shareholders in agm.
Doctrine of ultra vires in company law ppt. The doctrine of ultra vires applies to the memorandum of association of a company. When the matter went to the house of lords it was held that the contract was ultra vires the memorandum of the company and thus null and void. Company constitution company constitution memorandum of association is a document that specifies the relationship between the company and outsiders. Investment acquired through ultra vires transaction.
Pdf doctrine of ultra vires in company law agrey. Meaning of doctrine of ultra vires. Ultra vires doctrine in the companies act 1965. Doctrine of ultra vires under indiancompanies act 1956 presentation by mohit garg nischay bhargava bba 3rd sem a 2.
The doctrine of ultra vires. Malaysian company law doctrine of ultra vires. It states that the objects of a company as specified in its memorandum of association can be departed from only to the extent permitted by the act. Intra vires the company but not done in prescribed manner this can be validated by shareholders consent.
Introduction ultra means beyond vires means powers an act of the company which beyond the objects clause. An ultra vires act is void and cannot be ratified even if all the directors wish to ratify it. Business company that ultra vires acts are invalid. The company still has rights exceptions 7.
However directors of the company still refused to perform the contract as according to them the act was ultra vires and the shareholders of the company cannot ratify any ultra vires act. Section associated with the doctrine of ultra vires of the companies act is section 20 1 20 2 a b c and 20 3. In ashbury railway carriage and iron company ltd v. Abbl 3044 company law aa ma alteration of the constitution doctrine of ultra vires topic 3.
The doctrine of ultra vires is a fundamental rule of company law. Section 20 1 provides no action prosecuted as an act of shall be invalid by reason only the fact that the company does not have the ability or authority to act.