Directors to perform the duties, Business Law and Ethics

Assignment Help:

Directors to perform the duties:

Therefore it cannot be that the auditors  are to be at the expense and trouble not merely of sending their report through the post but of delivering a copy to every member.  It seems that one is forced by circumstances to limit the meaning of the words "the members" and I hold that they mean "the members assembled in the familiar meeting".... whereas the report is to be made to the members in general meeting, then it would not be right, I think, to hold that the duty of the auditors is to make that report themselves to the members in general meeting unless they can themselves call a general meeting or can compel someone else to call a general meeting.  There are no means by which they can call a general meeting or compel other persons to convene a general meeting.  The only persons who can call a general meeting are the directors or the meeting who have called upon the directors to do so and they have failed to do so.  The audience themselves are powerless.

In my judgement the duty of the auditors, after having affixed their signatures to the reports annexed to a balance sheet, is confined to forwarding, that report to the secretary of the company, leaving the secretary of the company or the directors to perform the duties which the statute imposes of convening a general meeting to consider the report....The statute compels directors to convene a meeting once a year and compels directors to present reports to the general meeting and it is for the shareholders to see that the directors do their duty...the duty of the auditors is discharged by sending the report to  the company's secretary....."


Related Discussions:- Directors to perform the duties

Service of notice - meetings and resolutions, Service of Notice: Secti...

Service of Notice: Section 134 (a) provides that, unless the articles of the company make other provision in that behalf, notice of the meeting of a company shall be served on

Explain the term recognition, Explain the term RECOGNITION RECOGNITION...

Explain the term RECOGNITION RECOGNITION The term Recognition under international law means and involves the acceptance or acknowledgment of the existence by a State of an

Misfeasance - winding up, Misfeasance: Under s.324, misfeasance procee...

Misfeasance: Under s.324, misfeasance proceedings may be instituted against a director, promoter, manager, liquidator or "officer" (including an auditor) of a company in liqui

Hire-Purchase and Credit Sale - Sales of good, Hire-Purchase and Credit Sal...

Hire-Purchase and Credit Sale - Sales of good A Credit sale is a sale on credit. Whether A buyer of goods may be unable for pay the price in full on once and the seller may let

Explain the nuclear law, Explain the Nuclear law Nuclear law Nucle...

Explain the Nuclear law Nuclear law Nuclear Law is a branch of International Law that surrounds, regulates and administers issues regarding nuclear weapons. It is also ass

What is the effect of smuggling and distribution of drugs, What is the effe...

What is the effect of smuggling and distribution of drugs International Criminal Law does not refer to the traditional crimes like murder and theft. A crime of an international

Examine the features of the main sources of law in mauritius, QUESTION 1 ...

QUESTION 1 Arbitration has proved itself to be a valuable scheme in alternative dispute resolution of conflicts. Discuss the advantages and disadvantages of Arbitration as a su

Regulations regarding fire, REGULATIONS REGARDING FIRE : Fire accidents in...

REGULATIONS REGARDING FIRE : Fire accidents in educational institutions are much less as compared to those in residential, commercial or industrial areas. This is a general observ

High court registrars, High Court Registrars Therefore these are magis...

High Court Registrars Therefore these are magistrates that who in addition to judicial functions perform administrative responsibility. Thus they are appointed through the Jud

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd