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Directors' Duties - Legal Updates

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Mar
15
2017

Fiduciary Duties to the Rescue
#Directors' Duties

Clarkslegal, specialist Dispute Resolution lawyers in London, Reading and throughout the Thames Valley. ...

Jan
31
2017

Can directors be disqualified for employing illegal workers?
#Immigration #Employment #Outsourcing & Supply Chain #Directors' Duties

The Immigration, Asylum & Nationality Act 2006 (“IANA 2006”), makes employers responsible for preventing illegal working in the UK. Section 35 of the Immigration Act 2016 allows the Home Office to commence criminal proceedings against employers who know or have reasonable cause to believe that they are employing someone illegally....

Jan
20
2017

SFO shows teeth in Rolls Royce bribery settlement
#Directors' Duties #Dispute Resolution #Outsourcing & Supply Chain

The High Court has approved a deferred prosecution agreement (DPA) between Rolls Royce (RR) and the Serious Fraud Office (SFO) in relation to widespread allegations of bribery and corruption over a 24 year period....

Dec
02
2016

When are directors liable for their company’s acts?
#Directors' Duties #Dispute Resolution

Companies have limited liability. Does this mean that their directors can never be liable for the acts of the companies? This was the question before the Court in Victoria Plum Limited -v- Victoria Plumbing Limited & Others. ...

Sep
13
2016

The personal guarantee dilemma: Should a director succumb to a personal guarantee?
#Directors' Duties #Construction

There are two fundamental principles in company law. First, every company has its own legal personality, meaning that it has its own legal identity, which is not the same as the identities of its shareholders and directors. Secondly, in the case of limited companies, which make up the vast majority of companies in England, the liability of shareholders is limited: shareholders are liable to pay for their shares, but they are not liable for the company's debts....

Sep
13
2016

Cracking down on corporate crime
#Directors' Duties #Dispute Resolution

The government has announced its latest policy to combat so-called boardroom excess. ...

Sep
09
2016

Directors’ duties and dilemmas in real estate
#Directors' Duties #Real Estate

From a director of a property management company to a real estate director with a developer, all in such a position will routinely grapple with dilemmas such as reconciling conflicts of interests, managing shareholders expectations, choosing between business strategies, or trying to rein in an overbearing CEO....

Sep
07
2016

Directors` Duties
#Directors' Duties #Corporate

The Companies Act 2006 (“the 2006 Act”) codified many of the existing ‘common law’ and fiduciary duties of company directors. These duties apply to executive, non-executive and shadow directors. Below is an example of how these duties under the 2006 Act apply....

Aug
08
2016

No hiding in the shadows - holding directors to account
#Directors' Duties #Dispute Resolution

Two recent cases show the circumstances in which the court will allow contempt proceedings against directors for actions taken by their companies. ...

Jul
29
2016

Angela, Theresa, Hillary... who’s next?
#Directors' Duties #Employment

The Government's new review aims to consider how to raise the target of women on the FTSE board of directors. ...

Apr
07
2016

Bribery Act 2010 bites…….
#Directors' Duties #Corporate

It was widely reported, earlier this month, that a Scottish company, Braid Logistics (UK) Limited, had agreed to pay some £2.2m to the Crown Office and Procurator Fiscal Service’s civil recovery unit by way of an agreed civil settlement, having accepted that it had obtained business through unlawful conduct. ...

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