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加拿大雷克海德大学论文代写:董事职责

加拿大雷克海德大学论文代写:董事职责

除董事的法定职责外,对公司董事亦有信义义务及照顾义务。董事一直被视为受托人,谁接受了他人的情况下,在一个关系包括信任和信心的结果。因此,公司董事会有义务已衍生从信任的关系(布里斯托尔和西方建筑协会V Mothew [ 1998 ] CH1)。同样重要的是,董事的行为是善意的,符合目前的人的最大利益,在这种情况下,他们的公司,也要求他们不应该滥用对他们的信任。同时,照顾和技能的责任也增长,并试图处理在有限公司(保诚保险有限公司诉纽曼工业有限公司(第二号)1982)的董事职位的具体含义。原因是,在这种情况下,董事已被赋予的责任,由股东经营业务。因此,股东直接关心的程度,关心和技能的董事与他们管理公司的业务。
不过,除这些职责外,董事亦有法定职责。公司董事的普通法责任已由公司法,2006。通过这种方式,Ss 170至177的公司法是这一法案的八个部分,统称为一般职责的陈述,并建立普通法的指示总结报表。虽然,这些职责大部分是在预期的线路,但某些重要的创新也存在于这些部分。公司法实施前,有关董事义务的法律在某些方面尚不明确。对此的回应是公司法中存在的董事义务守则。在这方面,需要注意的是,董事守则适用于所有公司。

加拿大雷克海德大学论文代写:董事职责

Apart from the statutory duties of the directors, there are fiduciary duties and the duty of care that is imposed on the directors of companies. Directors have always been considered as fiduciaries, who has accepted to act for another under the circumstances that result in a relationship which involves trust and confidence. As a result, the directors of companies are subject to related obligations that have been derived from the relationship of trust (Bristol and West Building Society v Mothew [1998] Ch1). It is also important that the directors act in good faith and in the best interests of the person whom the present, which in this case is their company and it is also requires that they should not abuse the trust placed on them. At the same time, the duty of care and skill has also grown and tries to deal with the specific implications of the position of a director in a limited company (Prudential Assurance Co Ltd v. Newman Industries Ltd (No.2) 1982). The reason is that in such a case, the directors have been given the responsibility to run a business by the shareholders. Therefore, the shareholders are directly interested in the degree of care and skill of the directors with which they manage the business of the company.
However, apart from these duties, there are statutory duties of the directors also. The common law duties of the directors of companies have been categorized by the Companies Act, 2006. In this way, Ss 170 to 177 of the Companies Act are the eight sections of this legislation that are collectively referred to as the statement of general duties and establish the common law instructions into summarizing statements. Although, most of these duties are on expected lines, however certain important innovations are also present in these sections. Before the implementation of the Companies Act, the law related with directors’ duties was not clear in some aspects. The response to this was the code of Directors’ duties that is present in the Companies Act. In this regard, it needs to be noted that the code of Directors’ duties applies to all the companies.