What do you think whats doctrine of Ultra Vires?

Answer 1

Doctrine of the ultra-vires Any transaction which is outside the scope of the powers specified in the objects clause of the MA and are not reasonable incidentally or necessary to the attainment of objects is ultra-vires the company and therefore void. No rights and liabilities on the part of the company arise out of such transactions and it is a nullity even if every member agrees to it. Consequences of an ultra-vires transaction: -1. The company cannot sue any person for enforcement of any of its rights. 2. No person can sue the company for enforcement of its rights. 3. The directors of the company may be held personally liable to outsiders for an ultra vires. However, the doctrine of ultra-vires does not apply in the following cases: - 1. If an act is ultra-vires of powers the directors but intra-vires of company, the company is liable. 2. If an act is ultra-vires the articles of the company but it is intra-vires of the memorandum, the articles can be altered to rectify the error. 3. If an act is within the powers of the company but is irregularly done, consent of the shareholders will validate it. 4. Where there is ultra-vires borrowing by the company or it obtains deliver of the property under an ultra-vires contract, then the third party has no claim against the company on the basis of the loan but he has right to follow his money or property if it exist as it is and obtain an injunction from the Court restraining the company from parting with it provided that he intervenes before is money spent on or the identity of the property is lost. 5. The lender of the money to a company under the ultra-vires contract has a right to make director personally liable.

Answer 2

The Doctrine of Ultra Vires is a fundamental rule of Company Law. 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.