2023년 2월 11일 토요일

Explain the corporate director's duty to act within their powers under English law?

Under English law, directors of a company have a duty to act within their powers, which means they must only take actions that are authorized by the company's constitution and relevant laws. This is known as the principle of ultra vires. The Companies Act 2006 sets out the general duties of directors, including the duty to act within their powers. This means that a director must not use their powers to further their own interests or to the detriment of the company. They must also exercise their powers in good faith and for the benefit of the company. If a director acts outside of their powers, their actions may be deemed invalid and any transactions entered into as a result of such actions may also be invalidated. This can have significant consequences for the company and its stakeholders, including shareholders, employees and creditors. It is therefore important for directors to be familiar with the company's constitution and the relevant laws, and to seek legal advice when in doubt about the extent of their powers and the legality of a particular action. This helps to ensure that they carry out their duties in a responsible and effective manner, and to protect the interests of the company and its stakeholders.

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