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
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MEMORANDUM OF ASSOCIATION Company- Company is a voluntary association of persons formed for the purpose of doing business having a distinct name and limited liability. It is a juristic person having a separate legal entity distinct from the members who constitute it‚ capable of rights and duties of its own and endowed with the potential of perpetual succession. The Companies Act‚ 1956‚ states that ’company’ includes company formed and registered under the Act or an existing company i.e. a company
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British Institute of International and Comparative Law Is the Doctrine of Ultra Vires Dead? Author(s): R. Baxt Source: The International and Comparative Law Quarterly‚ Vol. 20‚ No. 2 (Apr.‚ 1971)‚ pp. 301315 Published by: Cambridge University Press on behalf of the British Institute of International and Comparative Law Stable URL: http://www.jstor.org/stable/758032 . Accessed: 26/04/2013 02:48 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use‚ available
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Irish Company law as it currently stands is comprised of 35 pieces of legislation‚ in addition to a wealth of case law based on common law and equitable principles. This current system of company law is unmanageable and of little practical use to the average Irish company. Although the sheer volume of law poses a major problem in itself‚ its somewhat haphazard layout causes most difficulty to business owners and managers. When a change or update is made to the law‚ rather than an act being repealed
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warrant and share certificate Membership of companies meetings; Directors appointment‚ powers‚ duties and liabilities‚Accounts and Audit Winding up of companies. Cases: Salomon v Salomon Ltd Macaura v Northern assurance Co. Ltd. The ashbury Railway carriage & Iron Co. v Riche Royal British Bank v Turquant A. V Mohan rao and another v M Kishan Rao‚ 2002 AIR(SC)2653 Module II: Contract Act‚ 1872 Essentials
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Mr. Jarvis was a solicitor for Barking Council. He chose to go for Christmas holiday in Switzerland. He got a brochure from Swan Tours Ltd‚ which for Mörlialp‚ Giswil said the attractions were‚ "House Party Centre with special resident host. ... Mörlialp is a most wonderful little resort on a sunny plateau ... Up there you will find yourself in the midst of beautiful alpine scenery‚ which in winter becomes a wonderland of sun‚ snow and ice‚ with a wide variety of fine ski-runs‚ a skating rink and
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QUESTION 1 a. Define a promoter of a company. Explain and illustrate with decided cases his legal position in relation to a company. Though the certificate of incorporation is conclusive for purposes of incorporation‚ using decided cases‚ outline circumstances under which it could be withdrawn.(10marks) ANSWER Definition; A promoter is one who undertakes to form a company with reference to a given project and to set it going and who takes the necessary step to accomplish that purpose - A promoter
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BT20403/Company Law Business Entities: Company Law Topics covered: Types of Company Formation of a company; • Promoters Pre-Incorporation Contract • Memorandum and Articles of Association Inconsistency between the object and the company’s activities Upon incorporation: • Company is an artificial legal person • Separate legal entity Lifting the corporate veil scs&ismk/company law CONT. 2 The Effect of Incorporation • Memorandum of Association & Articles of Directors’
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France colonization of Egypt made the British realize that their profitable Indian Empire was under direct threat. As Egypt stood as ideal site for the British to access Indian resources due to it being situated in Northeast of Africa and it had the Suez Canal which linked between Europe and South Asia. As a result‚ the British were hungry to take control of Egypt. After the British defeated the French in the battle of the Sphinx in 1801. They believed that they would remain in control of Egypt
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had been brought up from the growth in the city. A major change that occurred and affected Boston to get up and go was industrialization and immigration. British Isles were the men who kept coming to Boston in big numbers in the 19th century. When 1875 came along there were sixty thousand Irish men living in Boston from immigration. The Irish men and their children were almost half of Boston’s population even though the city was already growing rapidly. When Irish immigration wasn’t happening as
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