Which two of the following duties are owed by company directors?
Duty of reasonable care and skill
Duty to avoid a conflict of interest
Duty to consider the interests of creditors
Duty to consider employees’ interests ahead of shareholders’ interests
To whom are directors’ duties owed?
The company
Employees
Shareholders
Creditors
Which of the following is not example of a director having an undisclosed interest in a contract to which the company the director serves is a party?
Receipt of a commission
Acting for the other party
The director is the other party
Negotiating the contract
In Ball v Eden Project 2002, the court held that a director was entitled to register the ‘Eden Project’ name as his own as he was a co-founder of the company and he was owed compensation by the company?
True
False
Which of the following is not a type of relief from liability for a breach of duty by a director?
Ratification by the general meeting
Disclosure under the articles of association
Order of the court under s 727 CA 1985
Disqualification order under CDDA 1986
In Cook v Deeks (1916), the court held that:
The directors’ breach of duty could be ratified by the company in general meeting
Ratification of the director’s breach of duty was incapable of being ratified
The directors had acted in good faith in the interests of the company
The directors had failed to disclose their secret profit
In Regal Hastings v Gulliver (1942), the House of Lords held that the directors could have protected themselves for breach of duty had they:
Obtained ratification of their actions from the general meeting
Disclosed their actions to an independent board of directors
Obtained permission of the court
Notified the registrar of companies
Which of the following two statements is true?
Directors, generally, are not allowed to compete with the companies they serve
Directors, generally, are not prohibited from competing with the companies they serve
Which of the following is a type of conduct for which a third party can be held liable for participating in a director’s breach of duty?
‘Knowing all’
‘Knowing assistance’
‘Knowing participation’
‘Knowing trust’
Which provision of the Companies Act 1985 prevents a director from being able to rely on a disclaimer exempting the director from liability for breach of duty?