2023년 2월 11일 토요일

Explain the corporate director's duty to exercise reasonable care, skill and diligence under English law.

Under English law, directors of a company have a duty to exercise reasonable care, skill and diligence in carrying out their duties. This duty is set out in the Companies Act 2006 and is a fundamental aspect of the role of a director. The duty to exercise reasonable care, skill and diligence requires directors to carry out their duties with the level of care, skill and diligence that would be exercised by a reasonably diligent person with the general knowledge, skill and experience that may reasonably be expected of a person carrying out the functions carried out by the director. This means that directors must use their skills, experience, and knowledge to make informed decisions, and to act in the best interests of the company. In order to discharge this duty effectively, directors must be familiar with the company's operations, finances, and future prospects, and must be aware of their obligations under the Companies Act 2006 and other relevant laws. They must also keep themselves informed about changes in the business environment and emerging best practices, and must be willing to seek advice and guidance when necessary. The duty to exercise reasonable care, skill and diligence is a personal duty that applies to each director individually. This means that each director is responsible for carrying out their duties to the best of their abilities, and that they may be held personally liable if they fail to do so. This helps to ensure that directors are held accountable for their actions and that the company is governed in a responsible and effective manner.

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