director duties

Cards (5)

  • duty of good faith?

    directors must always act honestly and in best interests of company
  • Duty of care and diligence?

    directors should take responsibilities seriously and be properly informed about the operations and financial position of the company
  • Duty to disclose conflicts of interest:

    directors must tell the board about any conflict of interest regarding the activities and decisions of the company
  • Duty to not trade while insolvent:
    a company is insolvent if it is unable to pay its debts when they are due.
    It is illegal for a company to carry on trading while insolvent.
    It is a duty of directors to be aware of the financial position of the company and to prevent insolvent trading
  • Duty to keep books and records:
    a company must maintain adequate financial records to record and explain transactions, the company's financial position and profit.
    A director is in breach of the Corporations Act 2001 if adequate financial records are not maintained.