Can Director Be Held Responsible For Company's Default
Directors act as agents in the transaction which they enter into on behalf of the company, though they are not agents for individual shareholders or members. A director may be an employee, a servant or even a "worker" of the Company. The duties of directors are largely derived from the law of agency and trusts under common law rules and fair and impartial principles. Under the law of agency, duties of skill, care and diligence are imposed on directors. On the other hand, the law of trust imposes fiduciary duties on directors. He occupies the position of a trustee of the company's money and property, though he is not a trustee in the strict sense in respect of the Company's properties and funds. Every director is required to perform his duties sincerely, having the knowledge, skill and experience both of a person carrying out that director's function and of that person himself. As we’ve discussed, the directors act as agents of the company to the extent as authoriz...