Ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is intra vires ('within the powers'). Acts that are intra vires may equivalently be termed "valid", and those that are ultra vires termed "invalid".
Legal issues relating to ultra vires can arise in a variety of contexts:
- Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be ultra vires.[3] Most countries have restricted the doctrine of ultra vires in relation to companies by statute.
- Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in.[4]
- Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it.[5][6]
- ^ Evelina Munteanu (25 November 2014). "Top 5 US States For Company Formations". Inc Plan (USA). Archived from the original on 7 November 2017. Retrieved 7 November 2017.
- ^ Francis Pileggi (4 September 2012). "Abolishment of Ultra Vires Doctrine with Exceptions". Archived from the original on 1 April 2023. Retrieved 7 November 2017.
- ^ Cite error: The named reference
Ashburywas invoked but never defined (see the help page). - ^ Hazell v Hammersmith and Fulham LBC [1992] 2 AC 1
- ^ Woolwich Equitable Building Society v IRC [1993] AC 70
- ^ Boddington v British Transport Police [1998] UKHL 13