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The stakeholder debate and directors' fiduciary duties

journal contribution
posted on 2007-01-01, 00:00 authored by I Esser, Jean Du PlessisJean Du Plessis
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.
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.

History

Journal

SA mercantile law journal

Volume

19

Issue

3

Pagination

346 - 362

Publisher

University of South Africa

Location

Capetown, South Africa

ISSN

1015-0099

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2007, University of South Africa

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