Analyses: Time for the final abolition of the ultra vires and constructive notice doctrines in company law

• Jurisdiction: South Africa
• Pages: 333-336
• Published date: 25 May 2019
• Date: 25 May 2019
• Author: JS McLennan

ULTRA VIRES AND CONSTRUCTIVE NOTICE DOCTRINES IN COMPANY LAW

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333

Time for the Final Abolition of the

Ultra Vires and Constructive Notice

Doctrines in Company Law

JS McLennan

University of Natal, Durban

One of the terms of reference of the Commission of Enquiry into the

Companies Act, under the chairmanship of the late Mr Justice Van Wyk

de Vries, was to investigate the whole question of objects, powers and

the ultra vires doctrine. Recommendations made in the

Main Report

(1997) 9 SA Merc LJ 333

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