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The Non-Executive Director - General Duties and Special Liability by Julia Neumann (Paperback, 2011)

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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 non-executive directors as authorities of advice and control in companies. It deals with the question of how non-executive 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 non-executive directors' function and their efficiency for a business enterprise, the essay takes the latter as a given. Instead, it neutrally provides an outline of non-executive 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 non-executive directors' role in a company and to classify where liability can result from. Furthermore, non-executive 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 non-executive directors than on executive directors. In this context, the influence of contractual provisions is contemplated. In addition, liability of non-executive 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 non-executive directors' liability, the paper declares the loss of reputation and further soft sanctions as the actual sanction on non-executive directors.

Product Identifiers

Publisher
Grin Publishing
ISBN-13
9783640831685
eBay Product ID (ePID)
113789344

Product Key Features

Subject Area
International Law, Constitutional Law
Author
Julia Neumann
Publication Name
The Non-Executive Director-General Duties and Special Liability
Format
Paperback
Language
English
Subject
Transportation
Publication Year
2011
Type
Textbook
Number of Pages
80 Pages

Dimensions

Item Height
210mm
Item Width
148mm
Item Weight
113g

Additional Product Features

Title_Author
Julia Neumann
Country/Region of Manufacture
Germany

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The Non-Executive Director - General Duties and Special Liability by Julia Neumann (Paperback, 2011)

About this product

Product Information

Product Identifiers

Product Key Features

Dimensions

Additional Product Features

Best Selling in Adult Learning & University

Permaculture: A Designer's Manual by Bill Mollison (Hardcover, 1988)

Australian Native Bee Book: Keeping Stingless Bee Hives for Pets, Pollination and Sugarbag Honey by Tim Heard (Paperback, 2015)

The Weed Forager's Handbook: A Guide to Edible and Medicinal Weeds in Australia by Adam Grubb, Annie Raser-Rowland (2012, Paperback)

Empire of the Summer Moon: Quanah Parker and the Rise and Fall of the Comanches, the Most Powerful Indian Tribe in American History by S.C. Gwynne (Paperback, 2011)

Botanical Field Guide by Stefan Mager (Fold-out book or chart, 2021)

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The Hundred Years' War on Palestine: A History of Settler Colonial Conquest and Resistance by Rashid I. Khalidi (Paperback, 2020)

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