EN
TR
It is undeniable that as far as economic relations are concerned companies play the…
If freedom of establishment and accordingly harmonization of company laws would not…
Article 52 EEC envisages that the Member States will adjust their laws progressively…
As far as this Article is concerned I will focus upon the capacity of the companies…
The First Company Law Directive 68/151/EEC has initiated the requirement for the…
The Directive is formed of four sections. Section I (Articles 2-6) is concerned with…
The topics covered by the Directive in these sections bear a common feature in their…
Before the adoption of the Directive, the Laws of the Member States concerning these…
Article 9 of the Directive which forms the key point of this Article is designed…
According to Article 9 (1) of the Directive the company shall be bound by the acts…
Notwithstanding the compulsory disclosure requirements, the disclosure of the company's…
It is implied that only the disclosure of the constitutive document of the company…
Article 9 (2) of the Directive is concerned with the limitations of the powers of…
In Article 9 (3) an optional clause is laid out which states a provision in derogation…
In such a case where the representation is given to a person or persons who would…
Since Article 9 of the Directive primarily refers to the limitations on the capacity…
A company for being established as a legal person to achieve a certain purpose, is…
The objects of a company are to be stated in its constitutive document under an “objects…
The doctrine of ultra vires is deemed to provide protection for the parties who are…
Does the theory of ultra vires, in fact, meet the expectations that it exists for…
In fact, the doctrine in practice has been far from providing what is expected from…
Particularly in English Company law as has been affected by the practice in commercial…
Although a company has to act within its capacity, it has been possible for the company…
Another aspect that whittles down the purpose of the doctrinc of ultra vires is forming…
Besides these factors above, sometimes the company may not need to alter its objects…
These points have been taken into consideration on the proposals concerning the abolition…
As far as the Community Law and the requirements of the Directive are concerned,…
The theory of constructive notice has also been abolished as it is stated in Article…
As to the doctrine of constructive notice there is a presumption that “a person dealing…
To avoid these obstacles, in Article 9 (1) paragraph 2 and Article 9 (2) it is stated…
