State any six powers which are prudent to be included in the object clause of the Memorandum of Association of a Company as general and ancillary objects.

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2018
State any six powers which are prudent to be included in the object clause of the Memorandum of Association of a Company as general and ancillary objects.

Answer & Explanation:

The following powers have been held not to be implied and it is, therefore, prudent to include them expressly in the object clauses of Memorandum of Association of a Company: Acquiring any business similar to the company's own business. [Ernest v, nicholls, (1857) 6 HLC 40] Entering into an agreement with other persons or companies for carrying on business in partnership or for sharing profit, joint venture or other arrangements. Very clear powers are necessary to justify such transactions [Re European Society Arbitration Act (1878) 8 Ch 679] Taking shares in other companies having similar objects. [Re Barned's Banking Co., ex parte and The Contract Corporation (1867) 3 Ch. App. 105. Re William Thomas & Co, Ltd. (1915) 1 Ch 325] Taking shares of other companies where such investment authorizes the doing indirectly that which will not be intra virus if done directly; Promoting other companies or helping them financially [Jointly Stock Discount Co. v. Brown, (1869) LR 8 EQ 381] A power to sell and dispos e of the whole of a company's undertaking; A power to use funds for political purposes; A power to give gifts and make donations or contributions for charities not relating to the objects stated in the memorandum; Acting as a surety or as a guarantor.

Topics: Company Law

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic