Section 125 — Corporations Act 2001 (Cth)

(1) If a company has a constitution, it may contain an express restriction on, or a prohibition of, the company’s exercise of any of its powers. The exercise of a power by the company is not invalid merely because it is contrary to an express restriction or prohibition in the company’s constitution.

(2) If a company has a constitution, it may set out the company’s objects. An act of the company is not invalid merely because it is contrary to or beyond any objects in the company’s constitution.

Related sections

• s 122 — Expenses incurred in promoting and setting up company
• s 123 — Company may have common seal
• s 124 — Legal capacity and powers of a company
• s 126 — Agent exercising a company’s power to make contracts and execute documents (including deeds)
• s 127 — Execution of documents (including deeds) by the company itself
• s 128 — Entitlement to make assumptions

Research how courts apply s 125

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.