❖ S 9: “Officer” includes directors‚ secretaries‚ receivers‚ administrators‚ liquidators‚ administrating trustees. ❖ S 9: “Director” includes shadow & de facto directors. enforcement of directors’ duties enforcement of statutory duties Civil penalties Who may apply for a Declaration or Order? ❖ S 1317J(1): ASIC may apply for a declaration of contravention‚ a pecuniary penalty order or a compensation order. ❖ S 1317J(2): The company may apply for a compensation order. ❖
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Corporate Governance Defining The Board In an era where women are slowly ascending in the business world‚ women are still overlooked as reputable pieces to the board. There is not enough diversification in the Board of Directors because of how corporate structure was originally built on a hierarchy system of men. There is an issue that arises of not enough variation in the boards that leads to stale solutions to problems in corporate world. Also‚ separation needs to be defined by who actually
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Independent Director The purpose of identifying and appointing independent directors is to ensure that the board includes directors who can effectively exercise their best judgment for the exclusive benefit of the Company‚ judgment that is not clouded by real or perceived conflicts of interest. IFC expects that in each case where a director is identified as “independent” the board of directors will affirmatively determine that such director meets the requirements established by the board and is otherwise
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Export Credit Guarantee Corporation of India Ltd [Pursuant to 384th Meeting of Board of Directors dated 8th February‚ 2013 Agenda No: A-15] CUSTOMER GRIEVANCE REDRESSAL POLICY 1. The Grievance redressal mechanism of an organization is the gauge to measure its efficiency and effectiveness as it provides important feedback on the working of the Organization. The main purpose of a Grievance Policy is to place an appropriate mechanism whereby the Customer who believe(s) that he/ she has been wronged
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DUTIES OF DIRECTORS Directors of a company normally have exclusive power to manage the company’s business and exercise its powers. At common law‚ the duties were owed to the company‚ to employees‚ to individual shareholders and creditors. 1.0 Duties of Directors to the company It is convenient to categorise the duties of directors into fiduciary duties which arise because they are quasi-trustees of the assets of the company. The word ‘fiduciary’ refers to trust and confidence. ‘A fiduciary is
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of a non-executive director as ‘custodian of the governance process.’ A non-executive director (NED) sits on the board of company just as a normal executive director would do so‚ however a non-executive director does not form part of the executive management team of the company. Essentially they are not an employee of the company or affiliated in any way other than their role as an independent NED. The distinction between a non-executive director and an executive director is illustrated in Equitable
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DIRECTORS PROFILE Tan Sri Dato’ Md Nor Yusof Chairman/Non-Independent Non-Executive Director Chairman/Non-Independent Non-Executive Director • Aged 64‚ Malaysian • Joined the Board on 27 June 2006 • Attended 8 out of 9 Board Meetings held in 2011 • Member of the Board Risk Committee Tan Sri Dato’ Md Nor graduated with a Bachelor’s Degree in Commerce from the University of Otago‚ New Zealand and is a qualified Chartered Accountant. Tan Sri Dato’ Md Nor has spent more than 18 years of his
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Board composition The board of directors plays a central role in the corporate governance mechanism. The board is responsible for directing and controlling the business and is accountable to shareholders for its performance. High profile failures such as Enron have underlined the dangers of an ineffective group of non-executive directors and the severe problems that can arise when their independence is compromised through conflict of interest. The cadbury recommendations had substantial impact on
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2) Types of Director 1 3) What is an Independent Director 2 4) Role of an Independent Director 3 5) References 5 INTRODUCTION: All companies must have officers. A private limited company must have at least two director and a company
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The Law of Directors Duties The law of Directors Duties stems from the systems of corporate governance in order to ensure that the persons occupying higher positions within the company will take good care of the company‚ as well as not act in a way that will create deficiency. There are 3 sources to the legal duties: the common law; the principles of equitable fiduciary duties; and the statutory duties stated under the Corporation Act section 180-183(Harris‚J.‚ 2008). The penalties of breach
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