TITLE

The Rise and Fall of the Ultra Vires Doctrine in United States, United Kingdom, and Commonwealth Caribbean Corporate Common Law: A Triumph of Experience Over Logic

AUTHOR(S)
Leacock, Stephen J.
PUB. DATE
September 2006
SOURCE
DePaul Business & Commercial Law Journal;Fall2006, Vol. 5 Issue 1, p67
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article focuses on the rise and fall of the Ultra Vires Doctrine in the U.S., Great Britain and Commonwealth Caribbean Corporate Common Law. The formation of companies under English, U.S., and Commonwealth Caribbean company law is discussed. Historically, legal parameters within which companies could appropriately operate are set by the ultra vires doctrine in England.
ACCESSION #
24106490

Tags: ULTRA vires;  CORPORATION law;  BUSINESS enterprises

 

Related Articles

  • ROOM FOR MANOEUVRE. Bourne, Nicholas // Accountancy;Apr88, Vol. 101 Issue 1136, p157 

    This article reports on the status of the doctrine of ultra vires among business enterprises in Great Britain. The doctrine of ultra vires, where a company is said to be acting beyond limits of its capacity, has been gradually eroded over the past few years, so much so that Dan Prentice, the...

  • 'Ultra vires' rule explained. Cane, Leon; Keenan, Denis // Accountancy;Mar1983, Vol. 94 Issue 1075, p52 

    Details the tax case, Rolled Steel Products Ltd. v British Steel Corporation, which deals with the question of the ability of a company to lend money and give guarantees and security other than for the purposes of the company where the power to do so was expressly given in the objects clause. ...

  • Ultra vires rule to go?  // Accountancy;Feb1986, Vol. 97 Issue 1110, p23 

    Reports that the British government has announced a study of the ultra vires rule, designed to establish the case for abolition and the legal and commercial implications of going ahead with it. Key provision of the ultra vires rule; Topics to be included in the study.

  • The 'ultra vires' rule: EEC Act considered. Keenan, Denis // Accountancy;Apr1982, Vol. 93 Issue 1064, p42 

    Discusses a case concerning ultra vires transactions under the European Communities Act of 1972, which is concerned with pre-incorporation contracts of companies. Facts of the case; Legal bases for the complaint; Court ruling.

  • ULTRA VIRES--ULTRA USELESS: THE MYTH OF STATE INTEREST IN ULTRA VIRES ACTS OF BUSINESS CORPORATIONS*. Schaeftler, Michael A. // Journal of Corporation Law;Fall83, Vol. 9 Issue 1, p81 

    Describes the methods by which ultra vires acts of business corporations work in the United States. Role of ultra vires acts in protecting shareholders' interests; Provisions of the doctrine.

  • ULTRA VIRES LIVES! A STAKEHOLDER ANALYSIS OF CORPORATE ILLEGALITY (WITH NOTES ON HOW CORPORATE LAW COULD REINFORCE INTERNATIONAL LAW NORMS). Greenfield, Kent // Virginia Law Review;Nov2001, Vol. 87 Issue 7, p1279 

    Provides information on the doctrine of ultra vires and presents an analysis of corporate illegality. Conflict over the duty of the firm to obey the law; Interests of various stakeholders in retaining illegality as ultra vires; Implications of the ultra vires doctrine for international law.

  • ultra vires. Stim, Richard // Contracts: The Essential Business Desk Reference;2010, p457 

    A definition of the term "ultra vires" is presented, which refers to activities that are beyond the scope of legal authority.

  • ULTRA VIRES LUMBERS ON. Bourne, Nicholas // Accountancy;Aug1991, Vol. 108 Issue 1176, p64 

    Examines the state of the ultra vires law in 1991 in light of changes made by the Companies Act of 1989 which took effect on February 1991. Adoption of general commercial objects clauses to carry on business as a general commercial company; Statutory protection against ultra vires; Alterations...

  • Critical Corporate Governance and the Demise of the Ultra Vires Doctrine. Talbot, L. E. // Common Law World Review;2009, Vol. 38 Issue 2, p170 

    Using a contextual approach this paper assesses the corporate governance implications of the historical demise of the ultra vires doctrine from its muscular assertion in Ashbury through to the Companies Act 2006. It demonstrates that the strict approach in Ashbury was designed to empower...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sign out of this library

Other Topics