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The business judgment rule is a case-law-derived doctrine in corporations law that courts defer to the business judgment of corporate executives. It is rooted in the principle that the "directors of a corporation ... are clothed with [the] presumption, which the law accords to them, of being [motivated] in their conduct by a bona fides regard for the interests of the corporation whose affairs ...
A court may, and under section 6 shall, make against a person a disqualification order, for a period specified in the order, providing that: he shall not be a director of a company, act as receiver of a company’s property or in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of a company unless (in each case) he has the leave of ...
In 2023, numerous observers have described as a 'corporate death penalty' the order by a New York judge of the revocation of the business licenses of Donald Trump's businesses in the State of New York, which would force them into liquidation. [20] [21] [22]
Business ethics operates on the premise, for example, that the ethical operation of a private business is possible—those who dispute that premise, such as libertarian socialists (who contend that "business ethics" is an oxymoron) do so by definition outside of the domain of business ethics proper.
As artificial persons, companies can only act through human agents. The main agent who deals with the company's management and business is the board of directors, but in many jurisdictions other officers can be appointed too. The board of directors is normally elected by the members, and the other officers are normally appointed by the board.
In early 2000, after an increase in the size of the business, it was determined that the insurance company's solvency was marginal, and a small asset price change could see the insurance company become insolvent. It did. Director Rodney Adler, CEO Ray Williams and others were sentenced to prison for fraudulent activity. Pacific Gas & Electric ...
Not all boards are ready to handle these times, says Ben Hardy, a professor of organizational behavior at London Business School who teaches ethics. But to assist directors, he recently created a ...
Under section 177, when directors are on both sides of a proposed contract, for example where a person owns a business selling iron chairs to the company in which he is a director, [154] it is a default requirement that they disclose the interest to the board, so that disinterested directors may approve the deal.