Company Law Directors Duties Essay

Analyses of authority and efficacy of S172 is included in this paper by relating subjective and objective test and would find the imperfections and conflicts between the various provisions.Under common law and equitable principle, directors are obligated to act bona in bona fide in the best interest of the company director must act in good faith that such act is in the interest of the company.

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obligations narrated in this provision obligates require to act fairly between the members of the company and take into the consideration the impact of the company’s operation on the community and environment which is generally called Corporate Social Responsibility.

Director is also obligated by this provision to take care of the reputation of the company and its standards CA 2006 not only brought a significant change in the common law concept of maximising the benefit and getting most out of the business and moved the concept in the direction of community and environment but also introduced the value of shareholders.

The legal side of directors’ remuneration appears to be sufficient with the directors’ duties legislation acting as an efficient preventative measure for the problems that directors’ remuneration creates.

Furthermore, shareholders already must approve several payments as such this could be strengthened to tackle the issue and employees are to some extent taken care of within s172 as such it is these sections that need development rather than directors’ remuneration.

In order to analyse the consequences of the two proposals the current law will be summarized so that an analysis of each can be advanced.

The essay will then examine other available options.Above mentioned significance of CA2006 made it imperative to explore its practical implication provided by the expectation level of the community and civil society.Paper examines obligations provided in s 172(1) in the light of requirements given in 172(1) (a) to (f) and ss 173 to 177 being necessary to discuss with s172.The counterbalance to this concern is S175 Companies Act 2006 (CA 2006) this acts to prevent certain conflicts arising and punishes directors who find themselves in this position.Furthermore, there are specific provisions within the CA 2006 that empower third parties such as shareholders to influence directors’ remuneration.The Companies Act 2006 "CA 2006" deals with issues of companies working under the English jurisdiction and it has been enforced in different stages instead as a whole.CA 2006 has superseded the Companies Act 1985 and now is main source for provision of rules on corporate governance.A range of common law obligations and fiduciary duties of directors seem to be covered by CA 2006 under constitutional obligations.Companies under English law are treated as a separate entity or a legal person which can enter into the binding contracts, it can file the case and also other can file suits against the company it also can own the assets.Along with their actions making them fiduciaries of the company; they may have some other roles to play.A director is required to act in the best interest regarding both financial and reputation of the company under fiduciary obligation.


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