‘The director of a company owes a fiduciary duty to the company’. Do you agree with this statement? Introduction A company is a distinct legal entity created by statute. Companies have many of the same legal rights and obligations as do individuals. They can own and sell property‚ they can hold profits or acquire debts‚ they can enter into contracts and sue or be sued‚ and governments can tax them. Companies are advantageous primarily because they become legal entities that are separate and
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Adelphia Case Assignment Kirstie Fehrenbach BUS 101 AH 1. The owners are the primary stakeholders in this case. 2. I know that the owners are the primary stakeholders because the illegal inside dealings that the Rigas family was involved with negatively affected not only themselves‚ but also their other shareholders. The most obvious illustration of this blowback is the arrest of Rigas family members and the bevy of lawsuits brought up against them by other shareholders. Consequently‚ the
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Adelphia Case Summary The Allegations: Prosecutors say members of the cable company’s founding family and two former executives looted the firm "on a massive scale‚" spending company funds on personal expenses‚ such as a $12.8 million golf course. The firm has been accused of hiding business relationships between Adelphia and entities tied to the founders and for inflating its financial results. Who’s Who: • John J. Rigas‚ Adelphia’s founder • Timothy Rigas‚ former CFO • Michael Rigas‚
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One of the duties that company directors need to comply with is fiduciary duties. This is so as company directors are said to be in a fiduciary relationship with the company. When directors are in a fiduciary relationship with the company‚ they are prohibited from doing any acts deemed prejudicial to the company. In other words‚ by applying the judgment in Hospital Products Ltd v United States Surgical Corpn‚ directors cannot and should not use his position to receive personal gains. The traditional
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Introduction In 1952‚ John Rigas founded Adelphia Communications Corporation with a $300 license‚ took the company public in 1986‚ and built it up by acquiring other systems in the 1990s. In March 2002 Founder‚ chairman‚ and CEO of Adelphia Communications Corporation 78 year old John Rigas‚ his two sons‚ and other Adelphia executives were arrested and charged with looting the nation’s sixth largest cable company on a massive scale. Adelphia Communication Corporation whose revenue exceeded $2.9 billion
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Trident University Case 1- The Adelphia Scandal ETH501: Business Ethics Dr. Bonnie Adams 4/13/2014 Introduction Aldelphia Communications Corporation was founded in 1952 by John Rigas and two partners. Rigas began to grow the business and by July 1‚ 1986 Adelphia was ready to go public. The company quickly grew into the sixth largest cable company in the United States. Its annual revenue exceeded $2.9 billion with offices located in 32 states and Puerto Rico (Barlup‚ Hanne & Stuart‚ 2009). With
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For this case study we are asked to draw upon deontological ethics‚ and discuss how Adelphia Communications’ executives violated the trust of the company’s shareholders and the trust of that of the larger public. To do this we first need to take a look at deontological ethics and how the philosophy of deontological ethics affects the choices that were made in the Adelphia Communications’ case. We will also look at the Adelphia case and examine how its executives violated the trust of the company’s
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Directors’ Fiduciary Duties: A New Analytical Framework ___________________________________ Ernest Lim* INTRODUCTION Prior to the enactment of the Companies Act 2006‚ the equitable principles on directors’ fiduciary duties of loyalty comprising the no-conflict and no-profit rules have been characterised in the form of either a strict or flexible approach.1 Simply put‚ under the strict approach2‚ absent the company’s informed consent‚ liability is automatically triggered if a director enters into
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Rigas‚ the son of Greek immigrants‚ founded the company that would grow and become Adelphia Communications Corporation in Coudersport‚ Pennsylvania‚ when he purchased a $300 license to wire Coudersport for cable television services. In 1972‚ he and his brother‚ Gus‚ created Adelphia Communications Corporation. Adelphia is Greek for “Brothers”; this signifies their Greek heritage as a corporation run by brothers. Adelphia has always been a “family” business. Over the decades as the cable industry began
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Breach of Fiduciary duty of director According to S.4(1) of Companies Act (CA) 1965‚ director includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with those directions or instructions the directors of a corporation are accustomed to act and an alternate or substitute director. Directors have a fiduciary duty to the company which is duty to act in good faith in best interest of the company and act for a proper purpose
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