2 : 1 8 .111 IP •
• • • ii 8
This is to hereby get approval from your end about my topic of interest which I have been researching on ‘taking into account companies act 2006 , s.172 , is it true to say that a director owes his duties to the company alone ? ‘
I couldn’t get a chance to deliver it in class but that’s perfectly fine I thought I would get a summarised feedback from you here as I intend to now start finalising it .
For this question • difference between shareholder primacy and stake holding approaching , and the concept of ‘enlightened shareholder value ‘ from CA 2006 • Focus being to whom duties are owed rather than CA 2006 , s.172 itself • I won’t provide lengthy discussion of all aspects of the section ( eg good faith ) that would be a more general analysis of s.172 Answer plan • Duties owed to the company :s 170 and common law • The position of shareholders • ‘Having regard to ‘ interests of other creditors • The position of creditors • Enforcement of s.172 and stakeholding considerations • Conclusion limitations and impact of s.172
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