Langford Rosemary
- Published in print:
- 2019
- Published Online:
- March 2021
- ISBN:
- 9780198813668
- eISBN:
- 9780191927980
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198813668.003.0006
- Subject:
- Law, Company and Commercial Law
The duty to avoid conflicting duties presents key challenges for individuals who hold multiple directorships. The issue of multiple directorships is fraught with uncertainty due to the fact that ...
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The duty to avoid conflicting duties presents key challenges for individuals who hold multiple directorships. The issue of multiple directorships is fraught with uncertainty due to the fact that such directorships are not prohibited but can nevertheless give rise to complex conflicts issues. This is particularly the case concerning competing directorships, which have generated significant judicial attention. The conflicts involved in these positions are manifold—directors who serve on multiple boards face issues concerning protection of confidential information, serving the interests of each of the companies, and devoting adequate time to each company. These issues are exacerbated in the case of competing and interlocking directorships.
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The duty to avoid conflicting duties presents key challenges for individuals who hold multiple directorships. The issue of multiple directorships is fraught with uncertainty due to the fact that such directorships are not prohibited but can nevertheless give rise to complex conflicts issues. This is particularly the case concerning competing directorships, which have generated significant judicial attention. The conflicts involved in these positions are manifold—directors who serve on multiple boards face issues concerning protection of confidential information, serving the interests of each of the companies, and devoting adequate time to each company. These issues are exacerbated in the case of competing and interlocking directorships.
Laura F. Spira and Judy Slinn
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199592197
- eISBN:
- 9780191764998
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199592197.001.0001
- Subject:
- Business and Management, Corporate Governance and Accountability, Business History
The Committee on the Financial Aspects of Corporate Governance, better known as the Cadbury Committee, was set up in May 1991 to address the concerns increasingly voiced at that time about how UK ...
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The Committee on the Financial Aspects of Corporate Governance, better known as the Cadbury Committee, was set up in May 1991 to address the concerns increasingly voiced at that time about how UK companies dealt with financial reporting and accountability and the wider implications of this. The Committee was sponsored by the London Stock Exchange, the Financial Reporting Council and the accountancy profession. It published its final report and recommendations in December 1992. Central to these was a Code of Best Practice and the requirement for companies to comply with it or to explain to their shareholders why they had not done so. The recommendations and the Code provided the foundation for the current system of corporate governance in the UK and have proved very influential in corporate governance developments throughout the world. While academics and practitioners have explored and discussed the developments in corporate governance since 1992, little attention has been paid to the processes of code and policy development. This book explores the origins of the Committee, provides rich insights in to the way in which it worked and documents the reaction to the publication of the Committee’s report. The issues which the Committee addressed are still of great concern: the complex relationships through which corporations are held to account have profound effects on all our lives. The Committee provided a framework for thinking about these issues and established a process through which such thinking could be articulated and continue to evolve. This book represents a major contribution to the history of the development of UK corporate governance in the late twentieth century: the why, how, what and when of corporate governance development.Less
The Committee on the Financial Aspects of Corporate Governance, better known as the Cadbury Committee, was set up in May 1991 to address the concerns increasingly voiced at that time about how UK companies dealt with financial reporting and accountability and the wider implications of this. The Committee was sponsored by the London Stock Exchange, the Financial Reporting Council and the accountancy profession. It published its final report and recommendations in December 1992. Central to these was a Code of Best Practice and the requirement for companies to comply with it or to explain to their shareholders why they had not done so. The recommendations and the Code provided the foundation for the current system of corporate governance in the UK and have proved very influential in corporate governance developments throughout the world. While academics and practitioners have explored and discussed the developments in corporate governance since 1992, little attention has been paid to the processes of code and policy development. This book explores the origins of the Committee, provides rich insights in to the way in which it worked and documents the reaction to the publication of the Committee’s report. The issues which the Committee addressed are still of great concern: the complex relationships through which corporations are held to account have profound effects on all our lives. The Committee provided a framework for thinking about these issues and established a process through which such thinking could be articulated and continue to evolve. This book represents a major contribution to the history of the development of UK corporate governance in the late twentieth century: the why, how, what and when of corporate governance development.
Langford Rosemary
- Published in print:
- 2019
- Published Online:
- March 2021
- ISBN:
- 9780198813668
- eISBN:
- 9780191927980
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198813668.003.0005
- Subject:
- Law, Company and Commercial Law
A key facet of the duty to avoid conflicts (the conflicts rule) is the avoidance of unauthorized conflicting duties. This principle applies where a director or other fiduciary faces a conflict ...
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A key facet of the duty to avoid conflicts (the conflicts rule) is the avoidance of unauthorized conflicting duties. This principle applies where a director or other fiduciary faces a conflict between inconsistent duties. In the corporate setting this generally occurs when one person is on the board of two companies with different interests. It could, however, also occur where a director is a partner or a legal or other adviser to the company and thus owes multiple sets of duties. Sections 175(7) and 176(5) of the Companies Act 2006 (UK) specifically include such conflicts. This chapter critically analyses regulation of conflict of duties, as well as relevant statutory provisions.
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A key facet of the duty to avoid conflicts (the conflicts rule) is the avoidance of unauthorized conflicting duties. This principle applies where a director or other fiduciary faces a conflict between inconsistent duties. In the corporate setting this generally occurs when one person is on the board of two companies with different interests. It could, however, also occur where a director is a partner or a legal or other adviser to the company and thus owes multiple sets of duties. Sections 175(7) and 176(5) of the Companies Act 2006 (UK) specifically include such conflicts. This chapter critically analyses regulation of conflict of duties, as well as relevant statutory provisions.
Barry O’Neill and Nicola McGrath
- Published in print:
- 2015
- Published Online:
- March 2021
- ISBN:
- 9780198738466
- eISBN:
- 9780191927591
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198738466.003.0012
- Subject:
- Law, Company and Commercial Law
The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for ...
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The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and authors bear no responsibility for any errors or omissions contained therein.
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The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and authors bear no responsibility for any errors or omissions contained therein.
Danny Busch, Laura Macgregor, and Peter Watts
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198738473
- eISBN:
- 9780191821233
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198738473.003.0001
- Subject:
- Law, Company and Commercial Law
This Introduction draws together the threads of the 12 substantive chapters that follow, each chapter dealing with some aspect, or some application, of the law of agency. Under the umbrella of agency ...
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This Introduction draws together the threads of the 12 substantive chapters that follow, each chapter dealing with some aspect, or some application, of the law of agency. Under the umbrella of agency in general contract law, Part II begins by considering the ratification of an agent by a principal; Chapter 3 takes as its paradigm the film Catch Me if You Can, as portrays the role of poseurs; further in this Part are discussed unidentified and undisclosed principals, and whom to protect in the circumstance of undisclosed indirect representation. The Part III looks at aspects of agency in company law, particularly the roles of company directors, liquidators, and receivers. Part IV covers various legal acts and directives in the areas of financial products and insurance. Part V examines powers of attorney, and Part VI pas particular attention to the conflict of laws in commercial agency.Less
This Introduction draws together the threads of the 12 substantive chapters that follow, each chapter dealing with some aspect, or some application, of the law of agency. Under the umbrella of agency in general contract law, Part II begins by considering the ratification of an agent by a principal; Chapter 3 takes as its paradigm the film Catch Me if You Can, as portrays the role of poseurs; further in this Part are discussed unidentified and undisclosed principals, and whom to protect in the circumstance of undisclosed indirect representation. The Part III looks at aspects of agency in company law, particularly the roles of company directors, liquidators, and receivers. Part IV covers various legal acts and directives in the areas of financial products and insurance. Part V examines powers of attorney, and Part VI pas particular attention to the conflict of laws in commercial agency.
Danny Busch, Laura Macgregor, and Peter Watts (eds)
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780198738473
- eISBN:
- 9780191821233
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198738473.001.0001
- Subject:
- Law, Company and Commercial Law
This book contains contributions on aspects of the operation of agency law in commercial contexts by many of the world’s leading experts on the law of agency. It is the product of a conference of the ...
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This book contains contributions on aspects of the operation of agency law in commercial contexts by many of the world’s leading experts on the law of agency. It is the product of a conference of the authors held at the University of Nijmegen in November 2014. Contributing authors come from Australia, Canada, the Netherlands, New Zealand, Singapore, the United Kingdom, and the United States. It comprises 12 chapters in five parts, preceded by a synthesising introduction. The first substantive section is devoted to aspects of general principle, including apparent authority, ratification, undisclosed principals, indirect representation, and unidentified principals. The second section, on Agency in Company Law, is concerned with the status as agents of company directors, liquidators, and receivers. The third section addresses the role of agency law in markets in financial transactions and services, including the relationship between insurers, agents and their customers. There is treatment of the common law, but also of aspects of statutory regimes including the Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Directive (MiFID), and the Insurance Act 2015 (UK). The fourth section is concerned with powers of attorney. The fifth and last section is concerned with private international law, and in particular issues of conflict of laws arising out of the EC Commercial Agents Directive.Less
This book contains contributions on aspects of the operation of agency law in commercial contexts by many of the world’s leading experts on the law of agency. It is the product of a conference of the authors held at the University of Nijmegen in November 2014. Contributing authors come from Australia, Canada, the Netherlands, New Zealand, Singapore, the United Kingdom, and the United States. It comprises 12 chapters in five parts, preceded by a synthesising introduction. The first substantive section is devoted to aspects of general principle, including apparent authority, ratification, undisclosed principals, indirect representation, and unidentified principals. The second section, on Agency in Company Law, is concerned with the status as agents of company directors, liquidators, and receivers. The third section addresses the role of agency law in markets in financial transactions and services, including the relationship between insurers, agents and their customers. There is treatment of the common law, but also of aspects of statutory regimes including the Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Directive (MiFID), and the Insurance Act 2015 (UK). The fourth section is concerned with powers of attorney. The fifth and last section is concerned with private international law, and in particular issues of conflict of laws arising out of the EC Commercial Agents Directive.