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Directors Duties 3rd Edition

Directors Duties 3rd Edition

Directors Duties 3rd Edition

Author: Andrew Keay
Publisher: LexisNexis U.K.
ISBN: 9781784732219

Previous Edition ISBN: 9781846618260
Published In: December 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Directors’ Duties provides an analysis of the general duties of directors contained in Chapter 2, Part 10 of the Companies Act 2006.

The new edition is completely updated to include:-

Greater discussion of the issues of the limitation of actions, derivative actions and relief
Examination of the UK Supreme Court decisions in Williams v Central Nigeria Bank, Eclairs Group Ltd v JKX Oil & Gas plc, AIB Group (GB) v Redler and FHR European Ventures LLP v Cedar Capital Partners LLC
Examination of the Privy Council decision in Central Bank of Ecuador v Conticorp SA and the recent decisions of Court of Appeal, such as in Burnden Holdings (UK) Ltd v Fielding, Goldtrail Travel Ltd v Aydin, Novoship (UK) Ltd v Nikitin and Smithton Ltd v Naggar,
Consideration of some superior court decisions in other common law jurisdictions, such as that of the Hong Kong Court of Final Appeal in Chen Wai Too v Poon Ka Man Jason, the Australian Federal Court in ASIC v Mariner and the New Zealand Court of Appeal in Morgenstern v Jeffreys.

Introduction

Directors: Background and Role

Directors in the Corporate Governance Process

Codification of Duties

Duty to Act with Powers

Duty to Promote the Success of the Company

Duty to Exercise Independent Judgment

Duty of Care, Skill and Diligence

Duty to Avoid Conflicts

Duty not to Accept Benefits

Duty to Declare Interests

Duty to Consider the Interests of Creditors

Derivative Proceedings

Consequences of Breach (including relief)

Ratification of Breaches of Duty

Judicial Excusing of Breaches

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