Is an ultra vires act sufficient to support the equitable defense of unclean hands or in pari delicto?

Answer 1

Generally unrelated concepts.

Ultra vires is a doctrine that invalidates corporate action that is taken beyond the scope of its charter (or bylaws or articles). While acting ultra vires may be grounds for invalidating the action of the board, it doesn't generally rise to the level of bad faith actions necessary to invoke unclean hands.

As for in pari delicto ("equally at fault") that would only apply if used against some other corporation, or as a defense against some other act by the same corporation, that was also ultra vires.

But, I would argue that one ultra vires action could not be used to justify another ultra vires action, because in the world of equity, two separate wrongs generally do not cancel each other out.

As always, laws vary by state, and only an attorney can give you legal advice about how any of these would apply to a real situation.

Answer 2

Generally yes

Answer 3

Yeh, but no, but yeh, but, no but...
Is this a Catholic thing? Why do you people keep asking about religion? Is there no room in Catholisism for spirituality & GOD? (This question is somewhat retorical, as my deceased wife was a Catholic).
Open you hearts & stop listening to old profits (Mosilm/Muslim too) & old books - time to LOVE.

We're all here, on this planet, so let's get on with it, eh?

Answer 4

yes