Professional Documents
Culture Documents
3
Legal capacity to borrow
4
Description in term of legal lending
11
d. term of the loan varies according to types:
13
4. Source of repayment
of Association
24
POWER OF COMPANY IN
LEGAL LENDING
b. Implied Power / Kuasa Tersirat
26
SECTION 19 OF COMPANIES ACT 2016 ON THE COMPANY’S
OBLIGATIONS AND POWERS IN LEGAL LENDING
27
COMPANY’S OBLIGATIONS AND
POWERS IN LEGAL LENDING
i. 19 (1)(a) – Kuasa untuk memberi wang
untuk tujuan derma
28
SECTION 133
THE POWERS OF COMPANY TO GIVE LOANS AND THE PROCEDURES
TO EXECUTE THE POWERS
29
PROCEDURE TO GIVE / APPLY LOAN
1. Determine who is authorized in the company
2. How power is exercised
3. Who will assume liability loan
30
COMPANY’S OBLIGATIONS AND
POWERS IN LEGAL LENDING
Procedure to execute the powers
Cara kuasa digunakan
35
ULTRA VIRES TRANSACTIONS
-Ultra vires means acting beyond the power of
a company.
- The expression ultra vires consists of two
of its memorandum
-Ultra vires in common law-
Ashbury Railway Carriage v. Riche held that
an ultra vires transaction is null and void.
38
ULTRA VIRES TRANSACTIONS
ACT 125
COMPANIES ACT 1965 (REVISED - 1973)
PART III - CONSTITUTION OF COMPANIES
40
ULTRA VIRES TRANSACTIONS
According to Section 20(2)(a) of Companies
Act, 1965, if the company is going to sell their
property or do something that affects the
44
CASE
. The Directors & C of the Ashbury Railway Carriage and Iron
Company (Limited) vs Hector Riche (1874-75)
47
Kes:
Defendan ketiga sebenarnya bukan pengarah tetapi diminta
oleh pengarah-pengarah (defendan 1 & 2) utk menggunakan
namanya sebagai pengarah dan pemegang saham untuk
penstrukturan semula pinjaman kepada Plantif. Kemudian
49
Rolled Steel Products Ltd gave security to guarantee the
debts of a company called SSS Ltd to
British Steel Corporation. This was a purpose that did not
benefit Rolled Steel Products Ltd. Moreover, Rolled Steel's
director, Mr Shenkman was interested in SSS Ltd (he had
51
ROLLED STEEL PRODUCTS HOLDINGS
LTD VS BRITISH STEEL CO 1985