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Topic: Ultra vires


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In the News (Mon 13 Oct 08)

  
  Ultra vires - Wikipedia, the free encyclopedia
Ultra vires is a Latin phrase that literally means "beyond the power." Its inverse is called intra vires, meaning "within the power".
In corporate law, ultra vires describes acts attempted by a corporation that are beyond the scope of powers granted by the corporation's charter, the laws authorizing its formation, or similar founding documents.
Broad ultra vires applies if there is an abuse of power (e.g., Wednesbury unreasonableness or bad faith) or a failure to exercise an administrative discretion (e.g., acting at the behest of another or unlawfully applying a government policy).
en.wikipedia.org /wiki/Ultra_vires   (435 words)

  
 SSRN-Ultra Vires Lives! A Stakeholder Analysis of Corporate Illegality (with Notes on How Corporate Law Could Reinforce ...
First, because unlawful acts are ultra vires, such activities become subject to the enforcement powers of corporate law, in addition to the enforcement powers of whatever governmental or private entity is charged with enforcing the underlying, substantive legal requirement.
Because the ultra vires doctrine is alive in a form that makes general law compliance an enforceable obligation within corporate law its continuing life also has implications for the duty of corporations and their managers to maximize profits.
The remaining vestige of the ultra vires doctrine imports into corporate law a concern about general law compliance, and the "lawfulness" that matters is not merely the laws of the incorporating jurisdiction.
papers.ssrn.com /sol3/papers.cfm?abstract_id=253770   (680 words)

  
 Eastern Book Company - Practical Lawyer
The trial Judge held47 that contract was ultra vires, because it was not covered by any of the stated objects of the company.
Lloyds Bank Ltd., (1969) 2 All ER 1185; although the defence of ultra vires was not allowed in that case to be used to defeat obligations incurred by the directors in the exercise in good faith of their powers under the constitution of the company.
The decision was criticised in (1966) JBL 66, on the ground that it deprived the company of a valuable asset on the basis of a doctrine which was meant for the protection of its interests and not to be used against it.
www.ebc-india.com /lawyer/articles/71v2a6.htm   (5812 words)

  
 Ultra Vires Law and Legal Definition - USlegalforms.com
Ultra vires is a Latin term meaning "beyond powers".
The term is usually used to refer to acts taken by a corporation or officers of a corporation that are taken outside of the powers or authority granted to them by law or under the corporate charter.
This is a similar concept that refers to the apparently authorized status of the action, as distinguished from the unauthorized status of their actions, which ultra vires refers to.
www.uslegalforms.com /legaldefinitions/u/ultra-vires.php   (419 words)

  
 CONSTITUTIONAL LOGIC   (Site not responding. Last check: 2007-10-14)
But it corresponds to what academics call 'the ultra vires doctrine' - the view that the constitutional justification for judicial review of the exercise of statutory powers is that the courts are giving effect to limitations that were imposed by Parliament when it granted the power.
His skilful and sophisticated book traces the involutions of the academic debate between the 'ultra vires theory' (that judicial control of the exercise of statutory powers is justified by the intention of Parliament) and the 'common law theory' (that it is justified by the courts' own constitutional responsibility for the rule of law).
The theory he calls the 'traditional ultra vires doctrine' held that when Parliament conferred a statutory power on the authority to dismiss the police chief, it intended that the authority should give a hearing first.
www.utpjournals.com /product/utlj/532/532_endicott.html   (6649 words)

  
 Advertising | Ultra Vires   (Site not responding. Last check: 2007-10-14)
Ultra Vires, the independent student newspaper of the University of Toronto Faculty of Law, will mark its seventh year of publication this fall.
Ultra Vires provides coverage of issues both inside and outside of the law school that are of particular interest to the academic legal and larger community.
With every publication, 1500 copies of each issue of Ultra Vires are placed throughout the University of Toronto’s main campus, where it is enjoyed by the University’s academic community at large.
ultravires.netfirms.com /?q=advertising   (185 words)

  
 SSRN-A Bridle, a Prod and a Big Stick: An Evaluation of Class Actions, Shareholder Proposals and the Ultra Vires ...
The ultra vires doctrine historically allowed a shareholder to sue to prevent a company from engaging in an activity outside of the specific parameters of its corporate charter.
The only limitation on using the ultra vires doctrine is that there must be evidence that a company is in violation of an actual law in a jurisdiction where it operates.
In those contexts, ultra vires can effectively enable a form of shareholder enforcement suit to ensure compliance with the federal laws of the United States or the statutes of foreign nations or individual states' laws.
papers.ssrn.com /sol3/papers.cfm?abstract_id=775125   (665 words)

  
 The K-Zone: ultra vires
It may, however, be a defence to claim that the SI was issued ultra vires; that is, the Minister who issued it was acting beyond the powers conferred by the original Statute.
However, ultra vires need not be direct; a special kind of ultra vires defense is that a delegated order is oppressive; it could be argued that Parliament never intends to delegate power to anyone to make this kind of legislation.
A charge that an act is ultra vires may also be levelled against legal corporations (e.g., companies).
www.kevinboone.com /lawglos_UltraVires.html   (297 words)

  
 Ultra Vires - Search Results - MSN Encarta
Ultra Vires - Search Results - MSN Encarta
Ultra Vires (Latin for 'beyond the powers'), any act by a public authority, company, or other agency that goes beyond the limits of its powers.
Pasteurization involves heating foods to a certain temperature for a specific time to kill harmful microorganisms.
encarta.msn.com /Ultra_Vires.html   (118 words)

  
 Brewer, E. Cobham. Dictionary of Phrase & Fable. Ultra Vires.
Shaw, G.B. Stein, G. Stevenson, R.L. Wells, H.G. Reference > Brewer’s Dictionary > Ultra Vires.
Thus if a company, which had obtained an Act of Parliament to construct a railway from London to Nottingham were to carry its rails to York, it would be acting ultra vires.
If the Bank of England were to set up a mint on their premises, it would be acting ultra vires.
www.bartleby.com /81/16930.html   (108 words)

  
 An FIA workers' actions in not filing for termination of parental rights are not an ultra vires act and , thus, are ...   (Site not responding. Last check: 2007-10-14)
The Personal Representative contended that by failing to file such a petition, the workers’ acts were ultra vires and, thus, not protected from immunity.
Thus, their acts were not ultra vires and are protected by immunity.
Additionally, the alleged failure of the FIA workers to file for termination was not the proximate cause of the decedent’s death and, accordingly, the claim fails on that ground as well.
courts.co.calhoun.mi.us /04juv007.htm   (239 words)

  
 Definition ultra vires
Ultra Vires is an act performed without any authority to act on the subject.
An act is ultra vires when a corporation is without authority to perform it under any circumstances or for any purpose.
Thus a contract made by a corporation beyond the scope of its corporate powers us unlawful.
www.incorporating-online.org /Definition-ultra-vires.html   (84 words)

  
 Ultra Vires   (Site not responding. Last check: 2007-10-14)
Baird 160 F. 642 There are many more cases to prove that banks are participating in deceptive banking practices, which is why we request a “zero balance due” statement.
They mean “a contract made by a corporation beyond the scope of its corporate powers is unlawful." (See Black's Law Dictionary.) The courts have consistently ruled that banks cannot lend their credit, but can only lend their money, and that all loans of credit are ultra vires.
Because no bank or credit card company charter gives them (all of which are corporations) permission to lend its credit, and Congress never gave them permission to create money, all such loans of credit are ultra vires, or unlawful.
www.mortgagefree4u.com /discovery.htm   (1386 words)

  
 Ultra Vires - Offshore Investments, Offshore Banking
Offshore banking helpful information and free advice and help when you open a ultra vires property to or by a corporation, otherwise lawful, shall be invalid
The Ordinance abolishes the doctrine of ultra vires.
The BVI has made a reputation as a center for captive insurance No theory of Ultra Vires activity exists.
www.offshore-resources.net /ultravires.htm   (278 words)

  
 Ultra Vires movie trailer review pics pictures poster news DVD at The Z Review
The movie is called ‘Ultra Vires’ (‘Beyond The Powers’) Starring: Naomi Alder, Kashif Ahmed, Iya Solodilova, Khalel Khan.
Written and directed by: Kashif Ahmed.The plot follows a disillusioned young stoner, and ex-Gulf war veteran; Mikey ‘The Cap’ Sorvino, returns to his hometown after being unlawfully imprisoned for 3 years by the federal government.
This page has no intention to infringe on the rights of the film and intellectual copyright holders of Ultra Vires and hold copyright over the movie, characters, merchandise and storyline.
www.thezreview.co.uk /comingsoon/u/ultravires.htm   (190 words)

  
 Ultra Vires - Last.fm   (Site not responding. Last check: 2007-10-14)
We don’t have an artist description for Ultra Vires yet.
Ultra Vires isn't available on Last.fm radio yet.
We don’t have any albums by Ultra Vires in our catalogue yet.
www.last.fm /music/Ultra+Vires   (46 words)

  
 Order info   (Site not responding. Last check: 2007-10-14)
Ultra Vires Motorsports places a monthly North American stocking order.
Ultra Vires Motorsports is in the process of arranging for drop shipments direct from Turbocomp in Finland.
For now, email Ultra Vires Motorsports to express your interest in any of the parts in the catalogue, to get yourself on the mailing list, or to put a deposit on any of the listed items in time for the next Stocking Order!!
www.ultraviresmotorsports.com /uvm-order.html   (163 words)

  
 IRLII - Periodical Search Results
Unlimited corporate capacity - Plotting the law demise of ultra vires
The Evolution of the Ultra Vires Rule in Irish Company Law
Ultra Vires or Directors' Abuses: When can shareholders right a wrong?
www.ucc.ie /law/irlii/periodicals/keywordsearch.php?q=Ultra+Vires   (42 words)

  
 www.myspace.com/ultraviresband
Ultra Vires's Latest Blog Entry [Subscribe to this Blog]
Evan is a bad ass...and thus Ultra Vires ROCKS!
I once knew a boy named Evan, who was one of my good friends.
www.myspace.com /ultraviresband   (823 words)

  
 The Hindu : Andhra Pradesh News : Quota for Muslims held ultra vires
The Hindu : Andhra Pradesh News : Quota for Muslims held ultra vires
The State Government issued the GO on July 12 declaring the Muslim community being under `E' category among the backward classes and granted 5 per cent reservation.
Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu
www.hindu.com /2004/09/22/stories/2004092206130600.htm   (442 words)

  
 Essay: The ultra vires doctrine - Coursework.Info
Get unlimited access to the original Word document and 127,780 other GCSE, A-Level and University essays immediately Register here now - from £4.99.
When a power vested in a public authority is exceeded, acts done in excess of the power are invalid as being ultra vires.
The ultra vires doctrine serves to control those who exceed the powers, which an Act has given.
coursework.info /.../Contract_Law/The_ultra_vires_doctrine_L74059.html   (263 words)

  
 ultra vires definition - Dictionary - MSN Encarta
ultra vires definition - Dictionary - MSN Encarta
Click here to search all of MSN Encarta
Search for "ultra vires" in all of MSN Encarta
encarta.msn.com /encnet/features/dictionary/DictionaryResults.aspx?refid=1861707468   (62 words)

  
 Find in a Library: Ultra vires corporation leases a paper
Find in a Library: Ultra vires corporation leases a paper
To find this item in a library, enter a postal code, state, province, or country in the field above.
WorldCat is provided by OCLC Online Computer Library Center, Inc. on behalf of its member libraries.
worldcatlibraries.org /wcpa/ow/bd02734fe0e01b28a19afeb4da09e526.html   (45 words)

  
 FileFront Gaming Forums - View Profile: Ultra Vires
FileFront Gaming Forums - View Profile: Ultra Vires
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forums.filefront.com /member.php?u=26642   (91 words)

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