n Without Prejudice - Transacting with company representatives - slowly into a new frontier? : company law

Volume 7, Issue 11
  • ISSN : 1681-178X



For all practical purposes, contracting with a company means contracting with its directors or other authorised individuals. However, the company remains a separate juristic person and those acting on its behalf are required to do so in accordance with the objects and powers of the company, as well as any specific procedures laid down in its memorandum and articles. Accordingly, dealing with a company introduces the risk that the person ostensibly acting for the company may not have the requisite authority to bind the company, either because the purported act falls outside the company's power or the agent herself has not been duly appointed.

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