Ultra vires (MOA)

Mihir (Wealth Manager) (5293 Points)

15 September 2011  

If a private limited company engages in earning from new source of income, and that particular business activity is not very clear from Memorandum of Association, what must one do? A private limited company is primarily into shipping agency etc. Now the company has found a premises which can be hired and then rented out, and difference happens to be profitable. The MoA does not directly state such a business activity for the company, but there are certain clauses which can be interpreted in a way that permits the company to engage in such an business activity.

How does one interpret the various clauses of MoA?