Openly accessible

The stakeholder debate and directors' fiduciary duties

Esser, I. and du Plessis, JJ 2007, The stakeholder debate and directors' fiduciary duties, SA mercantile law journal, vol. 19, no. 3, pp. 346-362.

Attached Files
Name Description MIMEType Size Downloads
duplessis-stakeholderdebateand-2007.pdf Published version application/pdf 4.41MB 339

Title The stakeholder debate and directors' fiduciary duties
Author(s) Esser, I.
du Plessis, JJ
Journal name SA mercantile law journal
Volume number 19
Issue number 3
Start page 346
End page 362
Publisher University of South Africa
Place of publication Capetown, South Africa
Publication date 2007
ISSN 1015-0099
Keyword(s) Commercial law -- South Africa
Summary It is usually said that a company is a legal entity separate from its management and shareholders and that the business and affairs of a company must be managed by or under the direction of its board. This implies various duties and responsibilities for directors.<br>Directors' duties traditionally include onerous fiduciary duties and obligations of care, skill and diligence in terms of the common law, various statutory provisions in the Companies Act 61 of 1973 requiring certain things of directors or preventing them from doing certain things (see, eg, ss 221-227 and 234-246 of the Act), and possible duties imposed by the articles of association or even separate agreements between directors and their companies.
Language eng
Field of Research 180109 Corporations and Associations Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2007, University of South Africa
Persistent URL http://hdl.handle.net/10536/DRO/DU:30007411

Document type: Journal Article
Collections: School of Law
Open Access Collection
Connect to link resolver
 
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.

Versions
Version Filter Type
Access Statistics: 820 Abstract Views, 340 File Downloads  -  Detailed Statistics
Created: Mon, 29 Sep 2008, 08:51:48 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.