Which of the following statements regarding directors' borrowing powers is correct?
A、Where directors borrow for a non-business purpose, the loan contract is unenforceable by the lender
B、Where directors borrow a greater amount than they have the power to, the loan contract is unenforceable by the lender
C、Where directors exceed their bowering powers, the company may ratify the loan contract if it is within the capacity of the company
D、Where directors borrow for a business purpose, the loan contract is unenforceable unless it is supported by a company charge
A、Where directors borrow for a non-business purpose, the loan contract is unenforceable by the lender
B、Where directors borrow a greater amount than they have the power to, the loan contract is unenforceable by the lender
C、Where directors exceed their bowering powers, the company may ratify the loan contract if it is within the capacity of the company
D、Where directors borrow for a business purpose, the loan contract is unenforceable unless it is supported by a company charge
【参考答案及解析】
A loan contract that is beyond the powers of the directors may be ratified by the company if it is within the capacity of the company. Charges are not required for a loan contract to be enforceable. Loan contracts are enforceable by the lender even if they are ultra vires.
A loan contract that is beyond the powers of the directors may be ratified by the company if it is within the capacity of the company. Charges are not required for a loan contract to be enforceable. Loan contracts are enforceable by the lender even if they are ultra vires.