Farhad Moshiri

7+ Years On... Your Verdict On Farhad Moshiri

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The Chairman has additional powers as a matter of convention under common law, including the power to preside over meetings and the ability to adjourn.

However the fiduciary responsibilities (and therefore liabilities) are no greater than any other director.

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The Chairman has additional powers as a matter of convention under common law, including the power to preside over meetings and the ability to adjourn.

However the fiduciary responsibilities (and therefore liabilities) are no greater than any other director.

Yes. But we are talking about a situation when he has the deciding vote here.
 

English common law still applies Esk.

That includes that a breach of fidicuary duty does not need to be deliberate. As in cases of corporate negligence and breaches of fidicuary duty that can be added after litigation after normal limitations.

There was a high court decision on this Esk.
Please expand. Shareholders cannot directly take an action without approval from the courts, only the Company can initiate against the directors for negligence/ breach of fiduciary duty as far as I am aware. Of course I have not mentioned Liquidators, or a new board who can also initiate proceedings against the previous Board.
 
Please expand. Shareholders cannot directly take an action without approval from the courts, only the Company can initiate against the directors for negligence/ breach of fiduciary duty as far as I am aware. Of course I have not mentioned Liquidators, or a new board who can also initiate proceedings against the previous Board.

You'll regret this
 

@The Esk

In English Common Law - which governs the chairman of the board.

The position of Chairman and Director are not mutually exclusive. The chairman has certain duties regarding the procedure at meetings, he or she may also have wider responsibilities which affect both his or her fiduciary obligations and the duty of care.

Therefore the chairman has to be careful in how it makes certain decisions so as to not breach these obligations.
 

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