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Doctrine of Ultra Vires
Corporate & Other Laws
"The purpose of doctrine of ultra vires has been defeated as now the object clause can be easily altered , by just passing a special resolution by the shareholders" . Kindly explain this statement. So if the act is Ultra Vires of MOA it is voidable or void ?
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This statement emphasises on the fact that since the object clause of the company can be altered by passing a special resolution, the purpose of the Doctrine of Ultra Vires can be defeated in certain situations, where the object clause is altered and the acts which were previously not a part of the clause are included in it making them within the scope. If an act is Ultra Vires MOA it is Null and Void.
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