Farhad Moshiri

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

  • Pleased

    Votes: 107 7.7%
  • Disappointed

    Votes: 1,284 92.3%

  • Total voters
    1,391
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.

A shareholder can request the company take action against a board member they believe are acting improperly or do so themselves if the company will not. However, proper legal advice is required to do this.

A so called 'unfair prejudice action'
 
@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.
lol
 
A shareholder can request the company take action against a board member they believe are acting improperly or do so themselves if the company will not. However, proper legal advice is required to do this.

A so called 'unfair prejudice action'

Not sure you copy and pasted quite the right bit there Damo
 

@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.

Sorry mate, I'm losing what you are trying to argue here - yes the Chairman has wider responsibilities because the Chairman through common law and the AoA can do things other directors cannot do, we all understand that, but what else are you arguing?

If you are arguing that Bill still has power to determine when Martinez is fired, then that is simply not the case
 


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