Section 31: Capacity and powers

31. Capacity and powers (1) Subject to this Act and any other enactment, a Foundation shall have, both in and outside Mauritius— (a) full capacity to carry on or undertake any business activity, do any act, or enter into any transaction; and (b) for the purpose of paragraph (a), full rights, powers and privileges. F22A – 19 [Issue 9] Foundations Act (2) Without prejudice to subsection (1) and notwithstanding any other enactment, a Foundation shall be capable of giving and entering into, being bound by and claiming all rights under a deed, mortgage or other instrument. (3) The validity of any act done by a Foundation shall not be challenged on the ground of any lack of capacity by reason of anything in its charter or Articles, if any. (4) Any member of a Council or a beneficiary may institute proceedings to restrain the performance of an act which, but for subsections (1), (2) and (3), would be beyond the capacity of the Foundation, but no such proceedings shall lie in respect of an act to be done in fulfilment of a legal obligation arising from a previous act of the Foundation. (5) Every officer shall be bound by any limitation on his powers, as may be specified in the charter or Articles, if any, and any action of the officer which, but for subsections (1), (2) and (3), would be beyond the capacity of the Foundation, may be ratified only by a unanimous resolution of its Council. (6) A resolution of a Council under subsection (5) shall not affect any liability incurred by the officer, and relief from any such liability may be determined only by the Council.