Discipline

Answers Analysing this case there was a conflict of interest ,the intelligent being that Mrs Lamptey being a member and film music managing director of sm each(prenominal) Ventures Ltd was also a sh beholder of International concern Ltd.which was in breach of her fiduciary business as a director. This is because a director is to act bonafide of the comp either as a whole, and his duty is to use his powers unless for the purpose for which they were conferred director as an instalment of the troupe must make full disclosure of all business dealings, he must also account whatever secret winnings. A director is non supposed to invalidate or misuse properties of the guild. There was a breach of her fiduciary duty ,thus a fiduciary duties are owned scarce to the company non to the individual shareholders. A breach of fiduciary duties of a director is not liable for the action of his co directors since he is an agent of the company and not an agen t of his gent directors. A company may sue a director for negligence or breach of fiduciary duty which behind be initiated by either the Board or members by a planetary Resolution. Also when their is a division of powers among directors and shareholders-sec.137&202-204 of the decree. That per sec.

137(3)&(4)-it states that unless the company regulations otherwise provide the board, when acting within the powers conferred upon them by the code& the regulations, shall NOT obey the directions or instrument of the members in general meetings. cf-shaw Vs. Shaw(1935).For as per that decision, a company as an entity is distinguishable from its shareholders a! nd its directors and the directors are entitled to act in the interest of the company and not any shareholder. By increasing their remuneration net profit to 40% this was no consent from other members or shareholders. This is because unless a director has a service agreement with the company. He is not entitled to remuneration unless the regulations of company made such an show up provision. In Ghana sec.194, sets type of monetary payments...If you want to break dance a full essay, order it on our website: OrderCustomPaper.com

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