Companys objects, Business Law and Ethics

Assignment Help:

Companys objects:

A company's objects are stated pursuant to the provisions of an Act of Parliament. It must therefore be deduced, for example, that a company whose object has been stated to be "gold mining" cannot engage in "fried fish" business. This is because -

(a)     Prospective investors who read the objects clause realised that the company was formed to mine gold. If they bought the company's shares they did so because they intended their money to be used in pursuance of the gold mining business. They did not give the money for any other business and the company does not have their consent to use it on any other business. If the company tries to use the money on a different venture, such as frying fish and chips, they can go to court for an injunction to restrain it from doing so.

(b)     The statutory requirement that a company must state its objects in its memorandum would be rendered purposeless if, despite having stated the objects, the company was legally entitled to embark on any other activity. To prevent this happening, the courts concluded that the statement of objects would be taken to mean that what is not stated as an object cannot be pursued, or undertaken, by the company. In other words, the statutory requirement that the objects are to be stated implies that what has not been stated as an object cannot become a legitimate activity of the company.


Related Discussions:- Companys objects

Describe ways in which subsidiary legislation is controlled, Question 1: ...

Question 1: (a) Explain what is meant by Subsidiary Legislation and the reasons for using such a law. (b) Describe the ways in which Subsidiary Legislation is controlled.

Registers and documents - registered office, Registers and documents - regi...

Registers and documents - registered office: The following registers and documents are also kept at the company's registered office:- i.             The register of members

What are the three main features of security, QUESTION 1 (a) What are t...

QUESTION 1 (a) What are the three main features of security? Define the different types of security that banks normally take to secure credit facilities (b) The Borrower Pro

Effect of ultra vires transaction, Effect of Ultra Vires Transaction: ...

Effect of Ultra Vires Transaction:  An ultra vires transaction with a company may result in: a) a transfer of specific property to the company, or b) money being lent to

What are the sources of labour laws, Question 1: (a) Discuss the pow...

Question 1: (a) Discuss the powers and duties of the employer under the Employment Rights Act 2008? (b) Discuss the powers and duties of the worker under the Employme

Determine the policy process point of view, Determine the policy process po...

Determine the policy process point of view Viewing from the policy process point of view, we find that while voting for legislature, the rational candidates and voters have inf

Challenging an arbitral award, Challenging an Arbitral Award Conversel...

Challenging an Arbitral Award Conversely a party dissatisfied through an arbitral award any challenge that it in the High Court and the High Court might set it aside whether i

Resolution to wind up voluntarily, Resolution to Wind Up Voluntarily: ...

Resolution to Wind Up Voluntarily:  The type of resolution to be passed varies with the circumstances of the case, as provided in s.271(1): (a) If the articles provide for

Function of the court, Function of the Court: In Scottish Insurance Co...

Function of the Court: In Scottish Insurance Corporation Ltd v. Wilsons & Clyde Coal Co. Lord Simmons stated: "But important though its task is to see that the procedure by

Determine the agenda-setting process, Determine the agenda-setting process ...

Determine the agenda-setting process The "agenda" is the list of subjects or problems to which government officials, and people outside of government closely associated with t

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd