Practice Areas
Business
- Get free trial for practice areas as below
- Business
- Consumer
- Corporations
- Criminal
- Employment
- Family
- General Counsel
- Governance
- Immigration
- Intellectual Property
- Personal Injury NSW
- Personal Injury Qld
- Personal Injury Vic
- Personal Property Security
- Property
- Succession
- Work Health & Safety
- Tax
- Mergers & Acquisitions
- Banking & Finance
- Social Justice
- Cybersecurity, Data Protection & Privacy
- Insolvency
- Competition
LexisNexis Practical Guidance®
Straightforward guidance across a range of topics
- Corporations law
- Corporate liability
Who can bind the company?
As a company is an artificial legal entity, it can only act through individual persons.
Some of these persons, due to their control over the company, are identified as being a company's directing mind and will. Where these persons act, their acts are deemed to be the acts of the company itself.
For other persons who are not deemed to be a company's directing mind and will, their capacity to bind a company stems from agency.
An agent may be able to bind a company by having express actual authority, implied actual authority, or apparent or ostensible authority.
If an agent has acted outside its authority, but the company wishes to be bound by the agent's act, the company is able to ratify the agent's actions.
See Who can bind the company?