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This paper is concerned with the personal liability of the directors of a company that is trustee of an Australian … superannuation fund to members of that fund. It identifies six ways in which such liability may arise: under the SIS Act duty of care …; for dishonest or misleading conduct under the financial services laws; through the application of certain fiduciary …
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formula for a director's fiduciary duties supplants any prior common law, both as to the nature of the fiduciary duties and to …
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these reforms is through state law fiduciary duties. My article demonstrates how state courts have started to enforce the … governance mandates under the reforms through fiduciary duties. Specifically, in my article I examine the watershed Disney case … directors with the standard of review that courts apply in determining liability. My article ultimately submits that by more …
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comparative perspective, two core aspects of this “braided framework”. First, the Article considers fiduciary duties. It argues … that, although there are broad similarities in the scope and operation of fiduciary duties in common law jurisdictions … of their powers. These codes may also interact with fiduciary duties in complex and interesting ways, either …
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probability) in business continuity that may justify it. Such are, going forward, the contents of their fiduciary duties where …
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law to adopt a flexible and pragmatic approach to a director's fiduciary duty post-resignation, and that such an approach …
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This article examines the specific fiduciary duties of directors which apply when the board of directors removes a … office. Recommendations are made relating to the fiduciary duties of directors in removing fellow board members from office …
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