Qualification/disqualification, appointment, duties and liabilities of directors essay

Remuneration payable to such directors cannot exceed: The Articles of a private company may provide for the appointment of an alternate director. The applicable case law in Malaysia for duty of care, skill and diligence of a director is still Re City Equitable Fire Insurance Co Ltdwhich sets a low standard for this duty in example as in the absence of suspicious circumstances, a director may trust another company official to carry out those duties which may properly be delegated.

Professional Directors Any director possessing professional qualifications and do not have any pecuniary interest in the company are called as "Professional Directors". The date of appointment of the directors will be entered in the Register of Directors kept under section with respect to each director immediately after the incorporation of the company.

Paper-9: Income Tax & Auditing

The study then reviews the financial scandals involving auditors occurred in the world and investigate the role of external auditor in the collapse of the companies.

In light of the recent scandals involving external auditors in the world, there is a growing concern for corporate governance globally as there is increased reliance by the stockholders and shareholders on external auditors.


The external auditor can not be expected to find every fraud and error during an audit. Directors may also incur personal liability for: Basic ideas of Data Warehouse and Data mining. Analysis and computation of materials, Labour and Overhead Costs Variances elementary level.

Directors are under a fiduciary duty also needed to avoid any conflict of interest. The Smith Report issued in highlighted that the audit committee needs to be proactive and raise the concern with directors rather than brush them under the carpet. A director who is in whole time employment of the company or a managing director may be paid remuneration either by way of a monthly payment or at a specified percentage of net profits of the company or partly by one and partly by the other.

Questions for Santhali Paper will be set in Olchiki script and answers should also be written in Olchiki script. Another aspect of a director fiduciary duty is the director must retain discretion. Other provisions relating to direct recruitment mentioned in this Department Notification No F, datedpublished in the Kolkata Gazette, Extraordinary, Part I, dated the 31 st July, shall apply mutatis mutandis.

In case Re Smith and Fawcett Ltdit state that the director must not for his own interests or for the interest of other person. Elements of Organization- Importance of management.

Investigations to detect Fraud, Misappropriation and Defalcations. Pre-incorporation contracts as has already been examined, where a company cannot make a contract before it is incorporated because, before incorporation, it has no legal existence.

The Preliminary Examination shall consist of only one paper on General Studies.

Qualification/Disqualification, Appointment, Duties and Liabilities of Directors Essay Sample

Candidates may use the Devnagari script in answer papers on Hindi or Nepali. Section 4 1 of Companies Act state that a director is a person who occupies the position of a director and the definition includes a shadow director and de facto director.

Third type of director is someone who is most the time will chair the general meeting of the shareholder. Auditors can obtain the contracts for non-audit services only if they maintain a good relationship with the management.

A company may appoint an additional director if it needs. This may be to add to the existing director or to fill a casual vacancy. Lessons from Financial Scandals 4.

The rule is, however, not inflexible. Although either the original director or the alternate director can act at a given time, it appears that an alternate director can be appointed only where the maximum strength of the Board permits such addition to the Board.

Then, an independent director also gives an objective and independent view of the performance of management in attempting to achieve the results to which the strategy of the company is directed. When we say that a director must act bona fida, it means that the directors must be acting in good faith or honestly.

Stored value card [smart card]. Thereafter there should be a gap of five years before the same auditors are appointed by the company.

Upon incorporation, the name of these two directors must be specified in the memorandum or articles of association. Free Essay: Directors: Qualification/disqualification, appointment, duties and liabilities of directors.

Also, explain ‘independent directors’ and their.

Appointment, Disqualification And Liabilities Of Directors of A Company: A Legal Perspective

External Auditors and their role in the Corporate Governance Framework. Print Reference this.

Qualification/Disqualification, Appointment, Duties and Liabilities of Directors Essay Sample

Published: External auditors play a key role in the corporate governance framework. They conduct one of the most important corporate governance checks that help to monitor management's activities.

eligibility, qualification, disqualification. Free Essay: PROHIBITION OF DIRECTOR Before explaining about this point, we must know that prohibition provides protection to the public from directors and. Under s.6 of the Company Directors Disqualification Act (CDDA), the Security of State may apply for a disqualification order against the directors of a company in insolvent liquidation by proposing that the directors are unfit in performing their duties as managers of the company.

However, although the directors of Cheesy Chips may be held. Verification and Valuation: Assets & Liabilities including Contingent Asset and Liabilities 7.

Company Audit: Qualification, Appointment, Remuneration & Removal of Company Auditor- Rights and Duties of Company Auditor (Under the provision of Company Act, )-Branch Audit- Joint audit- Special Audit. This essay will illustrate the duties of a director and possible remedies, furthermore, how these duties will be extended to de facto and shadow directors.

A “director” is defined in the Companies Act as including 'any person occupying the position of a director, by whatever name called '.

Qualification/disqualification, appointment, duties and liabilities of directors essay
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Appointment, Disqualification And Liabilities Of Directors of A Company: A Legal Perspective