Company Law
Paper, Order, or Assignment Requirements
An instruction page will be uploaded which includes all the information needed. In addition, I will attach several essential articles/journals.
Question:
‘In UK law, the directors have a fiduciary duty to their company. ‘Fiduciary’ means given in trust, and the concept of a trustee (as established in US and UK law) is applicable.
The directors hold a position of trust because they make contracts on behalf of the company and also control the company’s property. Since this is similar to being a trustee of the company, a director has fiduciary duties.’
By reference to caselaw and academic articles:
- Critically analyse the extent to which fiduciary duties are now reflected in the corporate duties of directors as set out in sections 170 -177 Companies Act 2006 and evaluate the remedies available to a company for breach of fiduciary duty.
- Also In your submission critically assess to what extent these duties apply to defacto and shadow directors
Note:
the question seeks to assess whether directors duties have altered as a result of the CA 2006 or does the CA 2006 simply restate and codify the existing case law on this topic – certainly the remedies for breach remain the same but are the duties the same both pre and post Act?
Essay instructions:
1- Journals and Case Law Must be used in order to discuss this question. Journals can be found using numerous databases such as west Law, company lawyers and Lexis. In addition to Text Books most can be found in Google books such as:
· The Director’s Handbook: Your Duties Responsibilities and Liabilities By Institute of Directors.
- Mayson, French & Ryan on ‘Company Law’
31st ed OUP
- I will attach several important articles/journals, which are related to the question, which must be used in writing this essay!
- The essay must be fully referenced using OSCOLA Referencing with full footnotes (including the cases) and Bibliography page alphabetically.
