The Law of Directors Duties The law of Directors Duties stems from the systems of corporate governance in order to ensure that the persons occupying higher positions within the company will take good care of the company‚ as well as not act in a way that will create deficiency. There are 3 sources to the legal duties: the common law; the principles of equitable fiduciary duties; and the statutory duties stated under the Corporation Act section 180-183(Harris‚J.‚ 2008). The penalties of breach
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‘The director of a company owes a fiduciary duty to the company’. Do you agree with this statement? Introduction A company is a distinct legal entity created by statute. Companies have many of the same legal rights and obligations as do individuals. They can own and sell property‚ they can hold profits or acquire debts‚ they can enter into contracts and sue or be sued‚ and governments can tax them. Companies are advantageous primarily because they become legal entities that are separate and
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Response Paper Q: Does the Board of Directors have responsibility to encourage socially responsible behavior? Why or why not? I do think that‚ for modern corporations‚ the Board of Directors have responsibilities to encourage socially responsible behavior. As we learned from the class lectures and Julia’s talk on last class‚ the Board of Directors is primarily loyal to shareholders and has the fiduciary duties of taking care of shareholder wealth. So the rising question now is: “Is Corporation
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RESOLUTIONS‚ MEETINGS & MINUTES UNDER THE COMPANIES ACT 1956 A Presentation by KAUSHIK M JHAVERI PRACTISING COMPANY SECRETARY E-Mail : kmjandco@gmail.com CS KAUSHIK M JHAVERI 1 RESOLUTIONS RESOLUTIONS : are records of formal decisions of Directors or Shareholders and are prefixed by the word “ RESOLVED”. q Resolutions are of 2 types: • Ordinary Resolution • Special Resolution CS KAUSHIK M JHAVERI 2 ORDINARY RESOLUTIONS Section189 (1) of Companies Act‚1956 ØA resolution shall be an
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Directors: Qualification/disqualification‚ appointment‚ duties and liabilities of directors. Also‚ explain ‘independent directors’ and their responsibilities. Company law in Malaysia is governed by Companies Act 1965. This Act is modelled on English Companies Act 1948 and Australian Uniform Companies Act 1961. Therefore‚ references will be made to English and Australian cases for interpretation of the law on certain areas. In every company there are directors to manage and direct the company.
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The Recalcitrant Director at Byte‚ Inc.: Corporate Legality Versus Corporate Responsibility I. ABSTRACT Mr. James Elliott‚ CEO and Chairman of Byte Products‚ Inc.‚ presents his recommendation to the Board of Directors to purchase an existing plant in Plainville as a temporary plant until the new one is online in 3 years. All on the Board except one (10–1) seem to favor the proposal. What ensues is the discussion between Elliott and Kevin Williams‚ board member‚ over the proposal to purchase
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Reputation Concerns of Independent Directors: Evidence from Individual Director Voting1 Wei Jiang2 Columbia Business School Hualin Wan3 Shanghai Lixin University of Commerce Shan Zhao4 Shanghai University of Finance and Economics This Draft: July 2012 1 The authors benefit from discussions with seminar and conference participants at ESCP Europe‚ EM Lyon‚ Grenoble School of Management‚ Reims Management School‚ the
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“Most Companies Acts of the region contain a provision requiring directors have to regard to the “interests of company employees in general”. Seemingly introducing a new stakeholder philosophy into company law‚ the precise import and significance of such a requirement remains a mystery.” Discuss. Introduction Company directors are like the shepherds who always try to convince the sheep that their interests and his are one and the same. Alolf Berle and Gardiner Means in Modern Corporation
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School Board Meeting I recently viewed a taping of a school board meeting. This school board meeting was in the Waterloo Community School District. The meeting was held in the board room at the Education Service Center. This center is located at 1516 Washington Street in Waterloo‚ Iowa. The meeting was held on March 26‚ 2012‚ at 6:00 p.m. The board members that were present were Shanlee McNally‚ Sue Flynn‚ Andrea Sparks‚ and Lyle Schmitt. Also in attendance was President of the
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Running For Executive Board “All students interested in running for Executive Board‚ go to room 109‚” the announcement repeated for the hundredth time that week . Well‚ I guess it’s now or never‚ I thought to myself. Since sign-ups started‚ I had been arguing whether I should try out for the school’s Student Executive Board. Today is the day‚ I told myself. No more going back and forth on whether I should sign-up for something I believe in. Even if I lose against the so-called popular kids
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