tailieunhanh - A Practical Guide to Information Systems Strategic Planning Second Edition_5

Tham khảo tài liệu 'a practical guide to information systems strategic planning second edition_5', kinh doanh - tiếp thị, quản trị kinh doanh phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | Charles Mayo It is important to appreciate that key elements remain in this new statement such as the word success replaces the former word interests and is a more modern plainer term the subjective test in meeting the duty he considers has been retained in good faith has been retained for the benefit of members as a whole has long been the old but rather inelegant and imprecise definition of the company. The new statutory factors are ones which large private companies and public companies would commonly consider when reaching a decision as well as considering other factors relevant to their deliberations which are not referred to in the new Act. Even under the old law if these factors were not being considered then it is likely that directors would have been in breach of their duties as they applied before the Act came into force. What the new Act does is to make much clearer the necessity of considering these factors among others . For smaller private owner-managed companies the new law will have an impact where board procedures are understandably less formal and there is a less obvious distinction between the views of directors and shareholders. Directors of smaller and other companies who cannot demonstrate awareness of the need to consider these factors may find that any defence to a claim that they have breached their directors duties is severely compromised. The explanatory notes10 to the Act make it clear that in having regard to the factors listed in section 172 the duty to exercise reasonable care skill and diligence see below will also apply. This means that while directors must have regard to the relevant factors listed in section 172 in promoting the success of the company it does not require a director to do more than act in good faith and to exercise reasonable care skill and diligence. Some argue that the introduction of the reference to the community and the environment in section 172 1 d has increased the scope of directors duties. The suggestion