Duty to Promote Success of Company Flashcards
(6 cards)
What section is the duty to promote success of the company?
Section 172 of the CA 2006
How would Aisha Khan prove she is acting to promote the success of the company?
Would need to have records of operate as to why she did this
What case is similar to what Aisha has done regarding the duty to promote success of the company?
Hellard and others v Carvalho
- authorised payments from company to himself
- made to reimburse most of money
What is the less obvious way David and Chen may not be promoting the success of the company?
Not properly taken account of risks of expansion
What may happen to Chen?
Regulatory bodies like Insolvency Service or FCA may investigate him
What can Emily do?
Bring about derivative action