ULTRA VIRES IN 1984
Abstract
The purpose of this short article is to examine the doctrine of ultra vires in 1984 and to ascertain whether the doctrine has been abolished by the amendments to the Companies Qld) Code made by the Companies and Securities Legislation (Miscellaneous Provisions) Act 1983 (Cth) and, if it has not been abolished, to ascertain the circumstances in which and the extent to which it survives. In that connection, it is necessary to state the pre-1984 law as well as the present law. However, the article is concerned only with the question — 'Did the company have capacity to enter into a particular transaction?' It is not concerned with the question — 'Did the natural person or persons who purported to act on behalf of the company in the transaction have authority to do so?' Further, it is not concerned with the question — 'Did the persons with authority to act on behalf of the company exercise their powers properly?' These latter questions can be dealt with in another article.
Published
Dec 1, 1985
How to Cite
CAIN, T.E.
ULTRA VIRES IN 1984.
QUT Law Review, [S.l.], v. 1, n. 1, p. 31-40, dec. 1985.
ISSN 2201-7275.
Available at: <https://lr.law.qut.edu.au/article/view/238>. Date accessed: 01 feb. 2021.
doi: https://doi.org/10.5204/qutlr.v1i1.238.
Section
Articles - General Issue
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