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    BRYTON

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    Brythony Peter
    The ultra vires doctrine applies to acts by officers or corporate bodies that exceed their authorized powers. An act beyond an entity's capacity is considered invalid and described as ultra vires. The research will examine the effects of ultra vires transactions under the doctrine as well as director liability and exceptions. It will also compare the application of ultra vires in English and Indian law. Under the doctrine, an act by a company beyond the objects stated in its memorandum is ultra vires, void, and cannot be ratified by members or directors.

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    BRYTON

    Uploaded by

    Brythony Peter
    35 views1 page
    The ultra vires doctrine applies to acts by officers or corporate bodies that exceed their authorized powers. An act beyond an entity's capacity is considered invalid and described as ultra vires. The research will examine the effects of ultra vires transactions under the doctrine as well as director liability and exceptions. It will also compare the application of ultra vires in English and Indian law. Under the doctrine, an act by a company beyond the objects stated in its memorandum is ultra vires, void, and cannot be ratified by members or directors.

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    The ultra vires doctrine applies to acts by officers or corporate bodies that exceed their authorized powers. An act beyond an entity's capacity is considered invalid and described as ultra vires. The research will examine the effects of ultra vires transactions under the doctrine as well as director liability and exceptions. It will also compare the application of ultra vires in English and Indian law. Under the doctrine, an act by a company beyond the objects stated in its memorandum is ultra vires, void, and cannot be ratified by members or directors.

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    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    35 views1 page

    BRYTON

    Uploaded by

    Brythony Peter
    The ultra vires doctrine applies to acts by officers or corporate bodies that exceed their authorized powers. An act beyond an entity's capacity is considered invalid and described as ultra vires. The research will examine the effects of ultra vires transactions under the doctrine as well as director liability and exceptions. It will also compare the application of ultra vires in English and Indian law. Under the doctrine, an act by a company beyond the objects stated in its memorandum is ultra vires, void, and cannot be ratified by members or directors.

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    Ultra vires is a Latin phrase for "beyond the powers".

    The ultra vires doctrine typically


    applies to an officer (such as a government minister or the director of a company) or to a
    corporate body (such as a limited company, a government department or a local council).
    An act done by an officer or body that is beyond its capacity (unauthorised) is considered
    invalid and described as ultra vires. An officer or body acting within its powers is said to
    be intra vires.

    RELATIONSHIP
    The research shall also include effect of ultra vires transactions, liability of the directors and
    exceptions to this doctrine with the help of decided case laws. The paper also focuses on the
    comparison between English Law and Indian Law regarding the doctrine of ultra vires.

    The object clause of the Memorandum of the company contains the object for which the company
    is formed. An act of the company must not be beyond the objects clause, otherwise it will be ultra
    vires and, therefore, void and cannot be ratified even if all the members wish to ratify it. This is
    called the doctrine of ultra vires, which has been firmly established in the case of Ashtray Railway
    Carriage and Iron Company Ltd v. Riche. The expression “ultra vires” consists of two words:
    ‘ultra’ and ‘vires’. ‘Ultra’ means beyond and ‘Vires’ means powers. Thus the expression ultra vires
    means an act beyond the powers. Here the expression ultra vires is used to indicate an act of the
    company which is beyond the powers conferred on the company by the objects clause of its
    memorandum. An ultra vires act is void and cannot be ratified even if all the directors wish to
    ratify it. Sometimes the expression ultra vires is used to describe the situation when the directors
    of a company have exceeded the powers delegated to them. Where a company exceeds its
    power as conferred on it by the objects clause of its memorandum, it is not bound by it because it
    lacks legal capacity to incur responsibility for the action, but when the directors of a company
    have exceeded the powers delegated to them. This use must be avoided for it is apt to cause
    confusion between two entirely distinct legal principles. Consequently, here we restrict the
    meaning of ultra vires objects clause of the company’s memorandum.

    Number of Pages in PDF File: 20

    Keywords: doctrine of ultra vires, ultra vires, companies law, company, law, legal, business law

    Working Paper Series

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