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A failure to do so could constitute a breach of the fiduciary responsibility of directors if such a risk assessment discovered material risks that had not been disclosed.
In the discussion, we learn of the importance of the good-old-boy/girl network of cronyism in gaining a spot on a corporate board, but nothing about the primary responsibility of directors to represent the stock owners' interest.
This is not a slight on Alan Clark, the chief executive of SAB, but on a culture that has been allowed to develop in the UK that makes it the ultimate responsibility of directors to protect the interests of their shareholders.
That is not the only responsibility of directors when a company is being sold, however.
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Her clinical and PhD training led her to also assume the responsibility of Director of Clinical Research at the biotech company, Banyan Biomarkers, Inc.
The new Companies Act widened the responsibilities of directors in terms of their obligations to different stakeholders.
The bipartisan Sarbanes-Oxley Act of 2002 was an effort to address public and investor concerns and reinforce the responsibilities of directors and management as fiduciaries.
Delaware fiduciary duties are based in common law and have been carefully crafted to define the responsibilities of directors and managers, as fiduciaries, to the corporation.
The responsibilities of directors have grown in recent years as the Sarbanes-Oxley act and new regulations have sought to prevent another Enron-style corporate collapse.In this section Too much of a good thing?
A combination of depressed stock prices, auditing reform, new rules about the responsibilities of directors and higher fees for legal services and insurance are pushing a number of smaller Long Island companies to explore how they can buy their businesses back from their shareholders.
"In this era of responsibility, boards of directors must prevent wasteful expenditures of funds on outsized executive and administrator compensation," the letter says.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com