Download or read book The Ultra Vires Doctrine in Sri Lankan Corporate Law written by Hasanka Jayaweera and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ultra Vires (hereinafter 'UV') is the doctrine which confines the capacity of companies to their objectives. Originated in English law, UV was believed to be applicable in its full rigor in Sri Lanka for more than a century, until it was said to be partially abolished through the Companies Act No.7 of 2007.Be that as it may, the majority decision of the Supreme Court of Sri Lanka in People's Bank v. Yashodha Holdings (Pvt) Ltd. seriously calls in to question, the long-lived credence that UV was part of Sri Lankan corporate law, at least, as far as the Companies Act No.17 of 1982 is concerned. Focusing on this controversial decision, this paper examines whether the application of doctrine of UV in Sri Lanka remains a controversial watershed.While the Companies Act No.7 of 2007 has partially abolished UV, the Yashodha Holdings decision has the potential of (mis)construing the legal position that courts in Sri Lanka have undermined the application of UV even under a legal regime which had not abolished it. This might constitute a call for the present courts to take the same approach. The main objective of this paper is to resolve this point. Through an extensive doctrinal research, the paper examines the status, scope and application of the doctrine of UV under the current Sri Lankan law while pointing out, with all due respect, that the reasoning of the majority decision in Yashodha Holdings is inexact and unsound.

Download or read book The Ultra Vires Doctrine in Corporate Law written by Marco Antonio Jiménez Sánchez and published by Springer Nature. This book was released on 2021-11-13 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative review of the ultra vires doctrine in corporate law. Divided into three main sections, it first provides a brief overview of the historical background and the scope of the ultra vires doctrine. It then analyses the essential features of the doctrine in the common law and civil law traditions across the Western world. Lastly, the book examines the objects clause, procedural aspects, and the mechanism of ratification of such ultra vires acts. The book's comparative approach and global contextualization of the subject matter will be of interest to readers from around the globe, familiarizing them with legal provisions, case law, and recent literature. Although it is primarily intended for scholars in the area of corporate law, it is also a valuable resource for professionals in the field of commercial law who deal with issues related to the capacity of firms and the powers of their directors.

Download or read book A Treatise on the Doctrine of Ultra Vires written by Seward Brice and published by . This book was released on 1880 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Treatise on the Doctrine of Ultra Vires Being an Investigation of the Principles which Limit the Capacities Powers and Liabilities of Corporations and More Especially of Joint Stock Companies written by Seward Brice and published by . This book was released on 1893 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Ultra Vires Doctrine in Company Law written by P. Rademan and published by . This book was released on 1973 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Treatise on the Doctrine of Ultra Vires written by Seward Brice and published by Forgotten Books. This book was released on 2017-10-31 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from A Treatise on the Doctrine of Ultra Vires: Being an Investigation of the Principles Which Limit the Capacities, Powers, and Liabilities of Corporations, and More Especially of Joint Stock Companies Corporations of all kinds, and notably joint-stock companies, fill a position in modern social economy of ever increasing weight and significance. 'the tendency in the United Kingdom, and still more in the Colonies and in the United States, is to incorporate every district as the ultimate limit of local government; while the conversion, by the simple process of registration under the Com panies Act, 1862, and similar statutes, of commercial concerns of every description into corporations, is proceeding with great rapidity. Litigation is necessarily incident to change; and the tendency to litigation is not lessened in the case of intangible companies by reason of the facts that the interests concerned are serious, the funds to supply the sinews of war are large, often enormous, and the risks are shared by a large community of members, and not by one only, or a few. Probably in at least one half of the disputes which come before the Courts where the stakes are worth litigating, companies are directly parties or indirectly affected. Consequently during the period that has elapsed since the last edition of this Book numerous decisions of extreme importance on the general law relating to corporations and companies, and specially on the subject of Ultra Vires, have been delivered. It cannot, however, he said that those branches and portions of the Law are in anything like a satisfactory state which deal with the powers and capacities, the rights and liabilities, of corporations generally, and particularly of joint-stock companies and their officials, members and creditors. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Download or read book A Treatise on the Doctrine of Ultra Vires written by Seward Brice and published by Alpha Edition. This book was released on 2019-09-30 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has been considered by academicians and scholars of great significance and value to literature. This forms a part of the knowledge base for future generations. So that the book is never forgotten we have represented this book in a print format as the same form as it was originally first published. Hence any marks or annotations seen are left intentionally to preserve its true nature.

Download or read book The Gradual Erosion of the Ultra Vires Doctrine in English Company Law written by Chrispas Nyombi and published by . This book was released on 2015 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Purpose - The purpose of this paper is to discuss the doctrine of ultra vires and its development over time, which is claimed to be one of gradual erosion.Design/Methodology/Approach - This paper discusses the doctrine of ultra vires and its development over time, which is claimed to be one of gradual erosion.Findings - It shows how the abolition of the objects clause has signaled the end of ultra vires. Today, it remains nothing more than a ghost, but one which continues to haunt management.Originality/Value - It builds on existing research literature.

Download or read book Sri Lanka its Company Law Stock Exchange Company Secretarial Practice written by H. M. Fernando and published by . This book was released on 1995 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Sri Lanka Law Reports written by and published by . This book was released on 1991 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Public Corporations in Ceylon written by A. Ranjit B. Amerasinghe and published by . This book was released on 1971 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sri Lanka Journal of Social Sciences written by and published by . This book was released on 1986 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Aspects of Doing Business in Asia and the Pacific written by Christian, Editor Campbell and published by Lulu.com. This book was released on 2009 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2009 Edition - "Legal Aspects of Doing Business in Asia and the Pacific", with more than 650 pages, provides a survey of the requirements for doing business and investing in Asia and the Pacific. The reports are prepared by local business practitioners and offer practical insights into issues relating to selection of form for doing business, incentives, taxation, labor and employment, liabilities, and dispute resolution. The publication is replaced by an updated volume annually. Purchase of print version includes 24/7 online access. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.

Download or read book Constitutional and Administrative Law of Sri Lanka written by Joseph A. L. Cooray and published by . This book was released on 1995 with total page 1014 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial Review of Administrative Action Across the Common Law World written by Swati Jhaveri and published by Cambridge University Press. This book was released on 2021-03-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research on comparative administrative law, in contrast to comparative constitutional law, remains largely underdeveloped. This book plugs that gap. It considers how a wide range of common law systems have received and adapted English common law to the needs of their own socio-political context. Readers will be given complex insights into a wide range of common law systems of administrative law, which they may not otherwise have access to given how difficult it would be to research all of the systems covered in the volume single-handedly. The book covers Scotland, Ireland, the USA, Canada, Israel, South Africa, Kenya, Malaysia, Singapore, Hong Kong SAR, India, Bangladesh, Australia and New Zealand. Comparative public lawyers will have a much greater range of common law models of administrative law - either to pursue conversations about their own common law system or to sophisticate their comparison of their system (civil law or otherwise) with common law systems.

Download or read book An Equitable Framework for Humanitarian Intervention written by Ciarán Burke and published by Bloomsbury Publishing. This book was released on 2013-05-09 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to resolve the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation. Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed. The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law. These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory. The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality. '...has potential to become one of the most important books in public international law of the decade, or in a generation'. Martin Scheinin, Professor of Public International Law, European University Institute, Florence

Download or read book Sri Lanka Journal of International Law written by and published by . This book was released on 1997 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: