117 results found

Directors should have the opportunity to identify conflicts of interest and to absent themselves from those discussions.

Directors' duties under the Act are primarily owed to the company, but may also be owed to shareholders and creditors.

Mediation, negotiation, or a formal letter can address disputes while maintaining relationships and company stability.

Hot on the heels of the Feltex decision vindicating the right of directors to rely on advice,1 the New South Wales Court of Appeal has released a judgment that considers in some detail what happens when there are gaps in advice, or the advice is based on unchallenged assumptions. The findings underline that director and officer liability will always depend on the particular context. But there are some broader lessons to be drawn.

Article focuses on actions of directors, analysis of their actions in the context of their duties & their subsequent liability.

Penalties for breaches are harsh, so directors should know their duties to the company, shareholders, and third parties.

Alternate directors may become even more popular when these New Zealand resident director requirements become operative.

This Brief Counsel highlights some of the key changes to the Bill, particularly in relation to the liability settings.

This Mainzeal decision should be carefully considered by anyone currently holding or contemplating a directorship.

Criminal liability in Nathans Finance case echos Centro ruling making it clear directors must apply their own judgement in exercise of their duties rather than relying on management and expert advice.

Corporate governance requires a detailed understanding of the business and financial literacy.

This article discusses recent cases in Australia and New Zealand involving directors' roles, duties and obligations.

Penalties can be harsh, so directors should aware of responsibilities to the company, shareholders and third parties.

The current economic conditions are creating challenges for all of us. The biggest challenges are likely to arise out of what we cannot control, for example, our suppliers, our customers, our landlords, our tenants and our financiers. Their behaviour is largely outside our influence.