The doctrine of ultra vires a comparative study of the (law) position in Malaysia and the United Kingdom / Hamidah Mohd. Akib

One consequence of the artificial nature of a company as a legal person is that inevitably it can act only through the agency of a natural persons. Another consequence is that a company incorporated by or under a statute can pursue only those objects which are expressly or implicitly conferred upon...

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Main Author:	Mohd. Akib, Hamidah
Format:	Student Project
Language:	English
Published:	Faculty of Law 1982
Subjects:	K Law in general. Comparative and uniform law. Jurisprudence
Online Access:	http://ir.uitm.edu.my/id/eprint/27861/ http://ir.uitm.edu.my/id/eprint/27861/1/PPd_HAMIDAH%20MOHD.%20AKIB%20LW%2082_5.pdf

id	uitm-27861
recordtype	eprints
spelling	uitm-278612020-01-30T05:48:41Z http://ir.uitm.edu.my/id/eprint/27861/ The doctrine of ultra vires a comparative study of the (law) position in Malaysia and the United Kingdom / Hamidah Mohd. Akib Mohd. Akib, Hamidah K Law in general. Comparative and uniform law. Jurisprudence One consequence of the artificial nature of a company as a legal person is that inevitably it can act only through the agency of a natural persons. Another consequence is that a company incorporated by or under a statute can pursue only those objects which are expressly or implicitly conferred upon it, implied powers being restricted to those which are reasonably incidental to the accomplishment of its authorised objects. The impact of these upon the outside world involves a consideration of the ultra-vires doctrine. As a result of complexity and confusion, arises from the multiplicity of the interests involved in the operation of a corporation, it may be useful 2 to set these out . Firstly the company itself is a separate legal entity.^ The essential feature of separationess is despite appearance even the "one-man company" is different in law from that one man e.g. the Board of Directors is not the company and even the one and only surviving shareholder of a company is not the company. The company is a separate entity. Secondly, the Directors of a company appear to be agents, trustees, employees or even owners but these are only different ways of looking at that complex of rights, duties and responsibilities and liabilities which we label Directors: Directors are not company. Thirdly, the shareholders in one sense own the company, and in a partnership they would all have the right to manage the business, yet their rights are restricted to voting at meetings, receipt of dividends if declared and the receipt of information about the state of the company and their liability is usually restricted to the paying up of the amount unpaid (if any) on their shares. Finally an interest of a different nature is that of the class of creditors whose interest are in conflict with the others especially when a company is in financial trouble. Thus when discussing the capacities of companies and the ultra-vires doctrine, we will find that the case law reflects these diverse interests. Faculty of Law 1982 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/27861/1/PPd_HAMIDAH%20MOHD.%20AKIB%20LW%2082_5.pdf Mohd. Akib, Hamidah (1982) The doctrine of ultra vires a comparative study of the (law) position in Malaysia and the United Kingdom / Hamidah Mohd. Akib. [Student Project] (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	K Law in general. Comparative and uniform law. Jurisprudence
spellingShingle	K Law in general. Comparative and uniform law. Jurisprudence Mohd. Akib, Hamidah The doctrine of ultra vires a comparative study of the (law) position in Malaysia and the United Kingdom / Hamidah Mohd. Akib
description	One consequence of the artificial nature of a company as a legal person is that inevitably it can act only through the agency of a natural persons. Another consequence is that a company incorporated by or under a statute can pursue only those objects which are expressly or implicitly conferred upon it, implied powers being restricted to those which are reasonably incidental to the accomplishment of its authorised objects. The impact of these upon the outside world involves a consideration of the ultra-vires doctrine. As a result of complexity and confusion, arises from the multiplicity of the interests involved in the operation of a corporation, it may be useful 2 to set these out . Firstly the company itself is a separate legal entity.^ The essential feature of separationess is despite appearance even the "one-man company" is different in law from that one man e.g. the Board of Directors is not the company and even the one and only surviving shareholder of a company is not the company. The company is a separate entity. Secondly, the Directors of a company appear to be agents, trustees, employees or even owners but these are only different ways of looking at that complex of rights, duties and responsibilities and liabilities which we label Directors: Directors are not company. Thirdly, the shareholders in one sense own the company, and in a partnership they would all have the right to manage the business, yet their rights are restricted to voting at meetings, receipt of dividends if declared and the receipt of information about the state of the company and their liability is usually restricted to the paying up of the amount unpaid (if any) on their shares. Finally an interest of a different nature is that of the class of creditors whose interest are in conflict with the others especially when a company is in financial trouble. Thus when discussing the capacities of companies and the ultra-vires doctrine, we will find that the case law reflects these diverse interests.
format	Student Project
author	Mohd. Akib, Hamidah
author_facet	Mohd. Akib, Hamidah
author_sort	Mohd. Akib, Hamidah
title	The doctrine of ultra vires a comparative study of the (law) position in Malaysia and the United Kingdom / Hamidah Mohd. Akib
title_short	The doctrine of ultra vires a comparative study of the (law) position in Malaysia and the United Kingdom / Hamidah Mohd. Akib
title_full	The doctrine of ultra vires a comparative study of the (law) position in Malaysia and the United Kingdom / Hamidah Mohd. Akib
title_fullStr	The doctrine of ultra vires a comparative study of the (law) position in Malaysia and the United Kingdom / Hamidah Mohd. Akib
title_full_unstemmed	The doctrine of ultra vires a comparative study of the (law) position in Malaysia and the United Kingdom / Hamidah Mohd. Akib
title_sort	doctrine of ultra vires a comparative study of the (law) position in malaysia and the united kingdom / hamidah mohd. akib
publisher	Faculty of Law
publishDate	1982
url	http://ir.uitm.edu.my/id/eprint/27861/ http://ir.uitm.edu.my/id/eprint/27861/1/PPd_HAMIDAH%20MOHD.%20AKIB%20LW%2082_5.pdf
first_indexed	2023-09-18T23:19:08Z
last_indexed	2023-09-18T23:19:08Z
_version_	1777419312887234560

The doctrine of ultra vires a comparative study of the (law) position in Malaysia and the United Kingdom / Hamidah Mohd. Akib

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