Director’s duties-
The duty to act honestly and in good faith:
The duty to act honestly and in good faith:
The duty to act honestly and in good faith is a fundamental duty of directors. It requires directors to act with integrity and to put the interests of the company first. Directors must also act in a way that they believe is in the best interests of the company, even if it is not in their own personal interests.
The duty to act honestly and in good faith is a fiduciary duty. This means that directors owe a high standard of care to the company. If a director breaches this duty, they may be personally liable to the company for any losses that it suffers.
The duty to act honestly and in good faith is also a common law duty. This means that it is a duty that is imposed by the law, regardless of whether it is set out in the company’s constitution.
There are a number of ways in which a director can breach the duty to act honestly and in good faith. For example, a director may:
- Act with a conflict of interest
- Make a decision that is not in the best interests of the company
- Fail to exercise reasonable care and skill
- Misrepresent information to the company
- Engage in insider trading
If a director breaches the duty to act honestly and in good faith, the company may be able to take legal action against them. The company may also be able to take action against the director’s personal assets.
Directors should be aware of the duty to act honestly and in good faith. They should also be aware of the consequences of breaching this duty.
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