Liability - company secretary, Business Law and Ethics

Assignment Help:

Liability:

            The secretary is an officer of the company and thus he owes fiduciary duties to the company which are similar to those of a director, eg. he must act in good faith and must not make a secret profit. Moreover, in the event of a liquidation, the secretary as an officer of the company will be liable under section 323 if he has been guilty of a misfeasance. The secretary will also be liable to specific criminal penalties if he details or omits a wrongful act in respect of his statutory duties. Thus, for example, he can be made to pay a default fine if he fails to sign the annual return and accompanying documents and as the officer most clearly in default will be liable in the event of failure to keep and make available registers such as the registers of directors and secretaries.


Related Discussions:- Liability - company secretary

Types of goods - sales of goods, Types oF Goods - Sales of Goods Furth...

Types oF Goods - Sales of Goods Further the Act classifies goods into: like; (i) Specific Goods Whether specific goods are "goods" like are acknowledged and agreed on

Describe ways in which subsidiary legislation is controlled, Question 1: ...

Question 1: (a) Explain what is meant by Subsidiary Legislation and the reasons for using such a law. (b) Describe the ways in which Subsidiary Legislation is controlled.

Ostensible authority - authority of partners, Ostensible Authority - Author...

Ostensible Authority - Authority of Partners A difference is something drawn among the genuine and ostensible authority about a partner. Whether it is actual or express author

Determine the central feature of politics, Determine the central feature of...

Determine the central feature of politics Indeed this manipulation is a central feature of politics: "Problem definition is the active manipulation of images of conditions by c

What do you understand by the rule of law, Question 1: Should the Judic...

Question 1: Should the Judicial Committee of the Privy Council be maintained at the summit of the hierarchy of our judicial system? Critically discuss on the above. Ques

Defines controlled delivery, Defines Controlled delivery This conventio...

Defines Controlled delivery This convention legalized the act of Controlled delivery and defines "Controlled delivery" as "the technique of allowing illicit or suspect consignm

Merger accounting, MERGER ACCOUNTING: It may happen that, during a "ta...

MERGER ACCOUNTING: It may happen that, during a "take-over" of one company (A) by another company (B), shares in the latter company are issued to shareholders of the former co

Defects in appointment - company management, Defects in Appointment: S...

Defects in Appointment: S.181 provides that a director's acts shall be valid despite any defect that may afterwards be discovered in his appointment or qualification. This pro

What has been the evolution of the concept of corporate, QUESTION 1 The...

QUESTION 1 The doctrine laid down in Salomon v Salomon & Co. Ltd has to be watched very carefully. The Courts can and often do draw aside the veil. Discuss QUESTION 2 (

Domestic agency of necessity, Domestic Agency of Necessity However a m...

Domestic Agency of Necessity However a married woman that has been actually or constructively deserted through her husband has authority on common law to take necessities at c

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