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

Warranties - terms used in contract, Warranties - Terms used in Contract ...

Warranties - Terms used in Contract Conversely the following are the warranties implied by the Act like: (a) Quiet possession with (s.14 (b)). However this provision is int

Role and Functions of Law, Discuss the roles of law and courts in today''s ...

Discuss the roles of law and courts in today''s business environment. •Compare and contrast the federal court structure with your Florida''s court structure. •Discuss the concept

Law of agency - lawful rules, Law of Agency - Lawful Rules Though the ...

Law of Agency - Lawful Rules Though the law of agency prescribes the lawful rules to ascertaining as:           (a) How a person possibly will become an agent; and one is

What is volenti non fit injury, What is volenti non fit injury? Volen...

What is volenti non fit injury? Volenti: Consent specified by a claimant to the defendant is this implicitly, through explicitly or action to be negligent will not succee

Advocates, Advocates Whether in sec 3(1) of the Interpretation and Gen...

Advocates Whether in sec 3(1) of the Interpretation and General Provisions Act cap 2 and sec 2 of the Advocates Act (1989) an advocate is a person that whose name has been dul

Effects of an order for compulsory liquidation, Effects of an Order for Com...

Effects of an Order for Compulsory Liquidation: The effects of the order are follows as are: (a) the Official Receiver (an Official of the High Court whose duties relate ma

What are the key elements of a conflict, Question: (i) Define the te...

Question: (i) Define the term "conflict", "grievance" and "dispute" (ii) What are the key elements of a conflict? (iii) Describe the transformation process of a

Judicial elucidation of acts, Judicial elucidation of Acts: In fact th...

Judicial elucidation of Acts: In fact the other points to be noted in relation to judicial elucidation of Acts are as follows: like; (a)   There is no clause of an Act is t

Group accounts, Group Accounts: Section 150 requires a company which h...

Group Accounts: Section 150 requires a company which has subsidiaries to lay before the company in general meeting accounts or  statements dealing with the state of affairs an

State the policies of convergence, State the policies of convergence Ex...

State the policies of convergence Explained here in the simplest case with assumption that there is full representation of voters; information is symmetric and single peaked pr

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