In this blog post, I will write about the doctrine of ultra vires according to Indian companies law 2013 with references to case law and relevant sections and explain the legal terms and concepts. The doctrine of ultra vires is a Latin term that means "beyond powers". It is a fundamental rule of company law that limits the powers of a company to the objects specified in its memorandum of association (MOA), which is the basic charter of the company.
The Doctrine of UltraviresIn this blog post, I will explain the doctrine of indoor management according to the Indian Companies Act, 2013 with references to case law and relevant sections. I will also explain the legal terms related to this doctrine. The doctrine of indoor management is a legal principle that protects outsiders who deal with a company from the internal irregularities of the company. It is also known as the Turquand rule, after the landmark case of Royal British Bank v Turquand (1856) 6 E&B 327. According to this doctrine, an outsider who enters into a contract with a company can assume that all the internal formalities and procedures have been duly complied with by the company, as long as the contract is within the scope of the company's memorandum and articles of association. The outsider does not need to inquire into the internal affairs of the company or verify whether the directors or other officers have acted within their authority.
The Doctrine of Indoor ManagementThe doctrine of corporate veil is a legal principle that recognizes the separate legal personality of a company from its members. It means that the company is an independent entity that can own property, enter into contracts, sue and be sued in its own name, and is not liable for the debts or obligations of its members.
The Doctrine of Corporate VeilA memorandum of association (MOA) is a legal document that defines the scope and purpose of a company. It is one of the essential documents required for incorporating a company in India under the Companies Act, 2013. The MOA contains six clauses that specify the following information about the company.
Points on Memorandum of AssociationIn this blog post, we will discuss some important aspects of drafting a MoA for a company in India, such as: The clauses of the MoA, The procedure for altering the MoA, The case laws related to the MoA, The legal terms and concepts related to the MoA, The clauses of the MoA, The MoA consists of six clauses.
Understanding Memorandum of Association