Title
The Nonexecutive Director General Duties And Special Liability,Used
Delivery time: 8-12 business days (International)
Master's Thesis from the year 2010 in the subject Law Comparative Legal Systems, Comparative Law, grade: A, University of Auckland (Law Faculty), course: Corporate Governance, language: English, abstract: This paper considers duties and liability of independent nonexecutive directors as authorities of advice and control in companies. It deals with the question of how nonexecutive directors should be made liable for mismanagement of the board, but primarily by, and particular failures of their own through breach of duty. Rather than engaging in the debate about nonexecutive directors' function and their efficiency for a business enterprise, the essay takes the latter as a given. Instead, it neutrally provides an outline of nonexecutive directors agreed functions, preferred skills and favoured qualities. The paper, moreover, details on the different duties deriving from common law principles, equity, and case law. It also considers on statutories and codes as well as contractual provisions providing equivalent regulations on directors' duties. This is to draw a complete picture of nonexecutive directors' role in a company and to classify where liability can result from. Furthermore, nonexecutive directors' liability is analysed. The focus, hereby, lies on the determination of directors' negligence. The issue is considered as to whether a court applies a different degree of negligence on nonexecutive directors than on executive directors. In this context, the influence of contractual provisions is contemplated. In addition, liability of nonexecutive directors is also compared to the liability of supervisory board members. Subsequently, alternative mechanisms of equalizing the risk of liability, such as indemnifications, insurances, and adequate reimbursements, are examined more closely. Concluding on nonexecutive directors' liability, the paper declares the loss of reputation and further 'soft' sanctions as the actual sanction on nonexecutive directors.
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Shipping & Returns
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We ship your order within 2–3 business days for USA deliveries and 5–8 business days for international shipments. Once your package has been dispatched from our warehouse, you'll receive an email confirmation with a tracking number, allowing you to track the status of your delivery.
Returns
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Warranty
We provide a 2-year limited warranty, from the date of purchase for all our products.
If you believe you have received a defective product, or are experiencing any problems with your product, please contact us.
This warranty strictly does not cover damages that arose from negligence, misuse, wear and tear, or not in accordance with product instructions (dropping the product, etc.).
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