Answers Analysing this case there was a conflict of interest ,the cerebral being that Mrs Lamptey being a member and film manager of sm whatsoever(prenominal) Ventures Ltd was also a sh areholder of International claver Ltd.which was in wound of her fiducial business as a theater director. This is because a director is to strike bonafide of the comp any as a whole, and his duty is to use his powers unless for the use for which they were conferred director as an piece of the troupe must(prenominal) unsex full disclosure of all business dealings, he must also account any secret clear. A director is non supposed to bacchant or misuse properties of the phoner. at that place was a breach of her fiducial duty ,thus a fiducial duties are owned besides to the fellowship non to the soul shareholders. A breach of fiduciary duties of a director is not liable for the action of his co directors since he is an agent of the community and not an agent of his blighter directors. A company may sue a director for negligence or breach of fiduciary duty which cigaret be initiated by either the Board or members by a customary Resolution. excessively when their is a division of powers among directors and shareholders-sec.137&202-204 of the encipher. That per sec.
137(3)&(4)-it states that unless the company regulations otherwise provide the board, when playacting within the powers conferred upon them by the code& the regulations, shall NOT obey the directions or instrument of the members in general meetings. cf-shaw Vs. Shaw(1935).For as per that decision, a company as an entity is distinguishable from its shareholders and its directors and the directors are entitled to act in the interest of the company and not any shareholder. By increase their remuneration net profit to 40% this was no respond from other members or shareholders. This is because unless a director has a assist agreement with the company. He is not entitled to remuneration unless the regulations of company made such an record provision. In Ghana sec.194, sets graphic symbol of monetary payments...If you want to spring up a full essay, align it on our website: Ordercustompaper.com
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