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Showing 1 to 11 of 11 for “"business judgment rule"”.
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Codification of the Business Judgment Rule in Section 76 (4) Companies Act 2008: comparing the South African with the German approach
The Business Judgement Rule stems from the US common law and relates to the directors duty of care and skill. Currently, the Business Judgment Rule is in operation in many countries all over the world. It is a judicial device used to limit the scope of personal liability for directors and officers. …
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The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes
… the intricacy of the American experience of the business judgment rule, with particular reference to the rule in Delaware, so as to present what I perceive to be the correct practical application of the rule in South African corporate law. This dissertation does not address the wisdom of the …
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Standards of care, skill, diligence, and the business judgment rule in view of South Africa's Companies Act 71 of 2008: future implications for corporate governance
… to manage or direct company affairs or business. A director is accorded (by law) powers to exercise to enable him or her to fulfil the functions of that office. Decision-making, which is not an easy task, is critical to enterprise efficiency and advancement of the national economy. …
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Verslo sprendimo taisyklė bendrovių teisėje: lyginamieji aspektai /
The business judgment rule is one of the main instruments used in certain countries to define the limits within which the management bodies of a company may be held liable. The origins of this instrument can be traced back to the decisions of the US courts, in particular those of the State of …
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Verslo sprendimo taisyklė bendrovių teisėje: lyginamieji aspektai /
The main object of the business judgment rule in legal doctrine can be considered the business decision itself. Various different aspects of the duties that managing bodies related to the making and execution of business decisions are analyzed. The work focuses on the purpose of distinguishing the …
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Stakeholders and the duty to act in the best interests of the company: what is required of directors?
… Given this uncertainty, a discussion of the business judgment rule is necessary. The business judgment rule requires rationality from directors if they are to avoid liability. The rule is therefore crucial to informing what standard of conduct is expected of directors.
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Accountability of Corporate Management: Analysing the Fiduciary Duty in Corporate Law
… theory. This thesis dispels the theory that the business judgment rule can protect directors who do not consider the interests of multiple stakeholders, which has been argued to be a shield to protect shareholder primacy in Canada. Shareholder primacy is no longer a feasible corporate governance …
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Corporate Social Responsibility in Korea : a Legal Perspective
… through charitable contributions, the business judgment rule and constituency statutes. Notably, however, most regulatory laws extensively implement CSR in a broad spectrum of areas beyond corporate lawe. g., contract law, tort law, antitrust law, labor law, consumer safety law …
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Directors and Standards: The Problem of Insufficient Guidance
This thesis identifies two areas within Canadian corporate law where the case law has provided insufficient guidance, and tests the usefulness of an American theory of director liability as an aid to understanding this case law and the legislation it interprets. This theory has been termed the …
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Fiduciary Duties in Corporate Law and Privacy Law
… under similar circumstances." However, both the business judgment rule and Delaware General Corporate Law (DGCL) Section 102(b)(7) shield directors from responsibility for their actions, which may weaken the impact of the duty of care requirement on directors' behavior.</p> <p>To better allocate …