Why Kenya Should Reconsider its Ultra Vires Doctrine in Corporate Law

International Company and Commercial Law Review, 21(9), 301-304, 2010

Posted: 20 Apr 2012

Date Written: April 19, 2010

Abstract

Examines how the ultra vires doctrine in company law operates in Kenya, focusing on the power under the Companies Act 1948 s.8 to alter a company's objects clause by special resolution. Explains why the s.8 power should be reviewed, arguing that it creates practical difficulties for companies wishing to pursue commercial opportunities that may be outside the company's objects. Asks whether the objects clause and the s.8 power provide the intended protection for shareholders and investors.

Keywords: Kenya, objects clauses, special resolutions, ultra vires

JEL Classification: G3

Suggested Citation

Musikali, Lois M., Why Kenya Should Reconsider its Ultra Vires Doctrine in Corporate Law (April 19, 2010). International Company and Commercial Law Review, 21(9), 301-304, 2010, Available at SSRN: https://ssrn.com/abstract=2042665

Lois M. Musikali (Contact Author)

Africa Nazarene University ( email )

Nairobi
Kenya
+254723754330 (Phone)

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