Circumstances under which ultra vires may be asserted--Actions by corporation against officers or directors

Notwithstanding § 47-22-69 , the fact that a corporation was without capacity or power to do an act or to make or receive a conveyance or transfer of real or personal property may be asserted in a proceeding by the corporation, whether acting directly or through a receiver, trustee, or other legal representative, or through members in a representative suit, against the officers or directors of the corporation for exceeding their authority. Source: SL 1965, ch 24 , § 6 (2).