For example, if a lawyer has been contacted
by officers of a corporation, the lawyer must be clear about whether the lawyer represents the corporation or the individual officers.
If you would like more information with respect to the potential liabilities that may arise as a result of acting as a director or
officer of a corporation feel free to contact a business lawyer with Twin River Law LLP for more information.
The review was conducted by
senior officers of the Corporation and senior judges of the Old Bailey; [25] the wards are reviewed by this process to avoid malapportionment.
A director or
officer of the corporation who authorizes, permits or acquiesces in a contravention of the Act or Regulation is also subject to penalties.
Each director who is an
elected officer of the corporation shall hold office for a term of two years, except that at the 1995 annual meeting of members, the President, President - Elect, and Treasurer shall be elected to serve for a term of three years, and the Secretary shall be elected to serve for a term of two years.
The increased blurring of the line between the roles of in - house counsel as an adviser to the corporation and as a director or officer as well as the ethical dilemmas these dual roles can create, make it practically imperative that counsel who act as corporate directors, and either are or may be found to be,
officers of the corporation cover their exposure through D&O insurance.
These actions could be a breach of duty, a misstatement, error or omission in your capacity as a director
of officer of the corporation or board.
The duties of the directors also apply to
officers of the corporation such as senior staff (like the chief executive officer, general or executive director), and the public officer under the CATSI Act.53
«In case after case, the department has to deal with the problem of real estate brokers becoming designated
officers of corporations owned by salespersons or unlicensed individuals, and then not properly supervising the operations.»
CRC # 253 (286, 273) Matter of DOS v. Gena DiDonato, Consent Order - allowed unlicensed individual to serve as officer of corporation
U.S. Secretary of Education Arne Duncan and Wendy Spencer, chief
executive officer of the Corporation for National and Community Service (CNCS), today announced a new competitive grant program that will provide $ 15 million in public funds over three years to reinforce and accelerate intervention efforts in the nation's lowest - performing schools.
All directors and
senior officers of a corporation and those who may also be presumed to have access to non-public or inside information concerning the company; also anyone owning more than 10 % of the voting shares in a corporation.
Directors and
officers of corporations who commit contraventions of s. 6 - 9 of CASL, PIPEDA violations or the Competition Act violations as described above will also now be liable for the contravention or reviewable conduct, as the case may be, if they directed, authorized, assented to, acquiesced in or participated in the commission of that contravention, or engaged in that conduct, whether or not the corporation itself is actually proceeded against.
• Directors and officers liability insurance protects directors and
officers of corporations or not - for - profit organizations if there is a lawsuit claiming they managed the business or organization without proper regard for the rights of others.
Warren Buffett brings to the Board his 44 years of experience as Chairman and Chief Executive
Officer of the Corporation.
However enlightened the executive
officers of a corporation may be as individuals, they are expected to act, are even morally bound to act, primarily in the interests of their stockholders.
Not only should both the National and the several State Legislatures forbid
any officer of a corporation from using the money of the corporation in or about any election, but they should also forbid such use of money in connection with any legislation save by the employment of counsel in public manner for distinctly legal services.
The President shall be the principal executive
officer of the corporation and shall in general supervise and control all of the business and affairs of the corporation.
The term «employee» also includes
an officer of a corporation.
When a business credit card account is opened, a personal guarantee is when
an officer of the corporation designates himself and is bound by contract to be liable for all debts incurred on the new credit card.
The application is signed by
an officer of the corporation with their title included, 5.
Under Montana law, where the inspection was conducted, if
an officer of a corporation «acts against the best interests of the corporation, for his own pecuniary benefit, or with the interest to harm the plaintiff, he / she is personally liable.»
The board, and, indirectly,
the officers of the corporation, serve at the pleasure of the shareholders.
Directors and
officers of a corporation that's currently solvent have a duty to the corporation and the shareholders.
If you would like more information with respect to the potential liabilities that may arise as a result of acting as
an officer of a corporation feel free to contact a business lawyer with Twin River Law LLP for more information.
Subsection 122 (1) of the Canada Business Corporations Act requires that directors and
officers of a corporation, in discharging their duties, shall act honestly and in good faith with a view to the best interests of the corporation, while exercising the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.
Ms. Kim has represented debtors in possession, secured lenders, creditors, including members of official committees, prospective investors, and directors and
officers of corporations.
If it were otherwise, the lawyers would be favouring
the officers of the corporation violating the lawyer's obligation to his client, which is the corporation,» wrote Justice Hope Hyslop.
An officer of a corporation can not refuse to produce documents of a corporation on the ground that they would incriminate him simply because he himself wrote or signed them, and this even if indictments are pending against him.
There is a clear distinction between an individual and a corporation, and the latter, being a creature of the State, has not the constitutional right to refuse to submit its books and papers for an examination at the suit of the State; and
an officer of a corporation which is charged with criminal violation of a statute can not plead the criminality of the corporation as a refusal to produce its books.
the constitutional privilege against testifying against himself can not be raised for his personal benefit by
an officer of the corporation having the documents in his possession.
Companies can be held directly responsible for committing offences (applying the «directing mind and will» principle), or in certain circumstances, for offences committed by employees or
officers of a corporation (for instance, see Section 236B of the SFA).
An officer of a corporation can not withhold its books to save it, or, if he is implicated in its violation of law, to protect himself, from disclosures, although he may decline to utter on the witness stand any self - incriminating word.
Directors and
officers of a corporation, including College Board of Governors, have a specific duty to «take all reasonable care» to prevent the corporation from committing an offence, failing which each director or officer could be subject to a penalty of up to $ 50,000 per day or part day.
For instance, if
an officer of a corporation announces their intention to subscribe to a certain quantity of shares, this would immediately be recorded on the blockchain ledger, thereby inferentially divulging the officer's ownership of the corresponding digital wallet.
In turn, individuals will want to consider whether and in what circumstances they are prepared to serve as directors or
officers of corporations that are exposed to significant environmental liability.
The result of the case also creates greater potential exposure to directors and
officers of corporations that have environmental liabilities.
He was the sole controlling director and
officer of the corporations.
If you are a sole director, shareholder, and
officer of a corporation and are considering becoming an employee of your corporation, let the lawyers at Erudite Law LLP assist you in reviewing your options.