The criminal liability of directors

Article Abstract:

Directors of corporations increasingly face the possibility of running afoul of criminal law due to the increase in business and industrial legislation and court rulings holding directors liable for a broader array of offenses. In the areas of company law, directors can be held liable for administrative offenses in the areas of allotment of share capital, the keeping of accounting records, and the preparation of reports. Directors may encounter criminal liability for non-company law offenses in the areas of consumer credit, data protection, and health and safety. Directors need to be aware of the their potential exposure to criminal liability and should seek professional legal advice to prevent themselves from running afoul of the law.

Analysis, Corporate directors, Criminal liability

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Duties of directors

Article Abstract:

The High Court decision in the case of Dorchester Finance Co Ltd and Another v Stebbing and Others (1989) has established liability for non-executive corporate directors for the non-performance of duty and gross negligence. The case applies an objective test of skill and care to executive and non-executive directors, holding those directors qualified or experienced in business liable for damages. The case concerned an environment where the duties of the executive and non-executive directors were the same and might not be applicable to directors not qualified or experienced in business.

United Kingdom, Executives, Great Britain

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New powers, new duties

Article Abstract:

The UK's Trustee Act 2000, which came into effect in February 2001, contains default provisions relevant to trustees and their advisers. The Act is presented in five parts, including Trustees' duty of care, Powers of investment, Acquisition of land, Agents, nominees and custodians, and Rremuneration.

Trusts and trustees, Trustees, Trusts (Law)

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