Journal articles: 'Legal Directories'

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Garratt, Olwyn. "Legal Information Services in South Africa." Legal Information Management 2, no. 1 (2002): 30–32. http://dx.doi.org/10.1017/s1472669600000980.

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There are currently 18,456 attorneys and Candidate attorneys registered with the Law Society of South Afric and 5,941 registered law firms (CLE 2002). Data is not yet available regarding the size distribution of these law firms but a glance at any of the national legal directories will reveal that the majority of attorneys operate as solo practitioners or in association with a few colleagues. A large city practice will generally be well supplied with information resources and with assistance from a librarian or information professional. In a small practice, the information resources that the attorney has at his or her disposal may be limited to a few textbooks, supplemented in some cases with access to electronic databases and Internet resources. Small practices seldom employ information professionals, although they may make use of the services of information agencies and independent contractors to assist with research and/or information management.

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RICHTER GOMES, SANDRO ARAMIS. "O PARTIDO CONSERVADOR NA PROVáNCIA DO PARANá: composição social, conflitos internos e transição de comando polático em dois diretórios partidários (Curitiba e Paranaguá, 1876-1879)." Outros Tempos: Pesquisa em Foco - História 13, no. 21 (June 30, 2016): 38–64. http://dx.doi.org/10.18817/ot.v13i21.505.

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Neste artigo é empreendida uma abordagem acerca da estrutura interna do Partido Conservador do Paraná, no recorte temporal que abarca os anos de 1876 e 1879. Compete salientar que as notácias publicadas pelo jornal O Paranaense concentram informações sobre as divergências poláticas que, á época, existiam entre os diretórios conservadores de Curitiba, situada no primeiro planalto da prováncia, e de Paranaguá, localizada no litoral. Primeiramente, são analisadas as diferenças concernentes á hierarquização dos diretórios da capital e do litoral. Demonstra-se que o diretório de Curitiba era mais propenso a incorporar e a conferir posições de liderança a indiváduos não originários do Paraná. Em seguida, será evidenciado que o diretório de Paranaguá era mais refratário a tal absorção. Nesse municápio, o controle dos esquemas partidários era gerido pelos negociantes ervateiros e pelos seus descendentes que possuáam formação jurádica.Palavras-chave: Diretórios partidários. Divergências poláticas. Lideranças regionais.THE CONSERVATIVE PARTY IN THE PROVINCE OF PARANá: social composition, internal conflicts and transition of political leadership in two party directories (Curitiba and Paranaguá, 1876-1879)Abastract: In this article it is undertaken an approach about the internal structure of the Conservative Party of Paraná, in the time period that covers the years of 1876 and 1879. In this context, it will be shown that the news published by the newspaper ”O Paranaense” reunite information about political divergences that, in that time, took place among conservative directories of Curitiba, located on the first high plateau province, and Paranagua”™s set at the coastside. At first, there will be analyzed the differences concerning the capital and the coast directory hierarchicalization. It is demonstrated that the Curitiba directory was more likely to incorporate and give leadership positions to individuals not originated from province of Parana. Next, it will be emphasized that the Paranaguá directory was more refractory to such absorption. In this municipality, the control of party schemes was managed by yerba mate dealers and their descendants who had legal training.Keywords: Directories parties. Political divergences. Regional leaderships. EL PARTIDO CONSERVADOR EN LA PROVINCIA DE PARANá: composición social, conflictos internos y transición de liderazgo polático en dos directorios partidarios (Curitiba y Paranaguá, 1876-1879)Resumen: En este artáculo se toma un enfoque acerca de la estructura interna de la del Partido Conservador de Paraná, entre los años de 1876 y 1879. En este marco, se demostrará que la noticia publicada por el periódico O Paranaense concentra información sobre las diferencias poláticas entre los directorios conservadores de Curitiba, ubicada en la provincia meseta, y Paranaguá, situada en la costa. En el siguiente paso, que analizan las diferencias en cuanto a la jerarquáa de directorios de la capital y la costa. El directorio de Curitiba era más probable dar puestos de liderazgo a las personas que no sean originarios del Paraná. Es evidente que el directorio de Paranaguá fue más refractario a tal absorción, por lo que en este municipio, el control de los regámenes de partido fue manejado por los distribuidores de yerba mate y sus descendientes, que tenáan formación jurádica.Palabras clave: Diferencias poláticas. Directorios partidarios. Láderes regionales.

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Darbinyan, T. A. "Job Description as a Way of Determining the Employee's Duties." Actual Problems of Russian Law, no. 7 (July 1, 2018): 145–52. http://dx.doi.org/10.17803/1994-1471.2018.92.7.145-152.

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The problem of the lack of a clear understanding of the legal nature of the employee's job description in the legislation and law enforcement practice is considered. The priority is given to the conditions of the labor contract regarding the labor function in relation to the job description, including disputes related to the establishment and change of the employee's duties. The employee's labor duties are considered as a structural element of the labor contract. The right of the employer to determine the labor obligations of the employee at his own discretion is substantiated. At the same time, the criteria restricting this right are singled out. Based on the example of law-enforcement practice, the specifics of applying qualification directories in determining the employee's duties are also considered. It is proposed to make clarifications of some norms of the Labor Code of the Russian Federation, namely of Art. 21 and 22, with an indication of the establishment of work responsibilities by the employer. These measures will make it possible to avoid collisions that arise in connection with the definition and establishment of the employee's work duties.

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Ćwik, Katarzyna. "Elimination DNA database – an opportunity or a threat? A review of the functioning of elimination databases in selected countries." Issues of Forensic Science 295 (2017): 43–55. http://dx.doi.org/10.34836/pk.2017.295.1.

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One of the basic provisions laying down the rationale for the functioning of elimination DNA databases is the 20th recommendation of the European Network of Forensic Science Institutes - ENFSI, set out in the document entitled: “The DNA Database management. Review and recommendations”, developed by ENFSI DNA Working Group. The recommendation states clearly that each DNA database should also include an elimination database(s) containing the profiles and data of persons who may have been the source of the so-called cross-contamination of traces being the subject of analysis. The purpose of this article was to illustrate the essence of functioning of elimination DNA databases on the example of selected countries, with particular regard to, among others, system solutions applied, directories of persons subject to registration, legal basis and the number of contamination events detected as a result of database querying. A bibliographic query and analysis of source materials and foreign procedures enabled the author to present system solutions and the basics of functioning of selected elimination DNA databases established worldwide. Moreover, the author emphasized the importance of elimination databases as a tool for identifying the offenders and highlighted certain opportunities and risks involved in their implementation.

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Dambuev, I. A. "On the Normalization of Toponyms with Varying ы [y] / и [i] after ц [ts]." Nauchnyi dialog, no. 5 (May 30, 2020): 38–62. http://dx.doi.org/10.24224/2227-1295-2020-5-38-62.

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The article is devoted to the study of the variation of the letters ы [y] and и [i] after ц [ts] in toponyms ending in -цыно(а) / -цино(а) , -цынск- / -цинск- , as well as the normalization of such toponyms at the present stage. The relevance of the study is due to the need to create common principles for the normalization of place names and improve the rules of Russian spelling. The novelty of the study is seen in the use of linguistic and statistical methods on the material of the entire Russian toponymicon. On the basis of the State catalog of geographical names, legal acts, topographic maps and directories of the administrative-territorial structure, examples of variable toponyms are revealed and the features of their normalization are shown. A historical review of the codified use norm on the letter ы and и after ц is completed. Using statistical analysis, it was found that almost half of the toponyms are written contrary to the current spelling rules. The results of the analysis of the usual spelling of the considered toponyms of different regions over the past half century are presented. The principle of traditional spelling of geographical names is called into question. A case has been revealed in the spelling of geographical names that does not have a codified norm. Suggestions have been made to improve the normalization of place names ending in -цыно(а) / -цино(а) , -цынск- / -цинск- .

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성민섭. "Directors’ criminal liability as to issuance of convertible bond with under-price." KOOKMIN LAW REVIEW 23, no. 2 (February 2011): 409–47. http://dx.doi.org/10.17251/legal.2011.23.2.409.

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Андрій Шуляк. "THE MODEL OF FORMATION OF FUTURE IT TEACHERS’ PREPARATION FOR THE USE OF EDUCATIONAL WEB-RESOURCES." Collection of Scientific Papers of Uman State Pedagogical University, no. 4 (September 4, 2020): 67–77. http://dx.doi.org/10.31499/2307-4906.4.2020.224100.

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The article reveals the structure of the model of forming future IT teachers’ preparation to use educational WEB-resources. Its component composition (blocks) is established. The methodological target block includes the purpose: formation of future IT teachers’ preparation to use educational WEB-resources, and the following approaches: informational, personality-centered, systemic, competence, technological, activity; also such principles: general pedagogical (accessibility, continuity, clarity, systematicity, sequence, scientific) and specific (effectiveness, dialogue, professional mobility, creativity, interactivity, multimedia), organizational and instrumental (stages: motivational-propaedeutic, technological-productive, organizational-methodical); content: traditional basic computer science courses; elective courses, special seminars with remote support, master classes, methodical seminars; professional courses and practices of methodical preparation of students; forms (traditional: lecture-press conference, lecture-conversation, seminar-discussion, colloquium, etc.; innovative: online-lecture, streaming video, slide lecture, video lecture, multimedia lectures, e-mail consultation, e-seminars, webinars, group projects on wiki technology, case technologies, forum, network interaction, network chat, joint blogging, local and network tutorials, educational portals, directories), methods: (projects, cooperative learning), case-study, game methods (business game); “E-portfolio”, round table, associative method; method of “falsification”, information resources, “reification”, demonstration examples, precedent, expediently selected tasks; training (using teleconferences; educational modeling), tools: modeling, educational, testing software; virtual labs software; reference information (legal) systems; automated training systems; electronic educational and methodical materials; expert training systems; intelligent educational systems; means of automation of professional activity, technologies (problem-based learning, individualized learning, developmental learning, differentiated learning, active learning, game learning), evaluation-effective (components and their indicators), levels (high, medium, low), result (preparation to use educational WEB-resources in professional activities).

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Agustina, Dewi, Zainal Asikin, and Kurniawan Kurniawan. "Legal Relations and Responsibilities between Grantor and Grantee of Director’s Attorney in the Implementation of Procurement of Government Goods and/ or Services (Study of the Decision of the Mataram District Court Number: 33/PID.SUS.TPK/2015/PN.MTR)." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (June 2, 2019): 13. http://dx.doi.org/10.18415/ijmmu.v6i3.746.

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This study aims to determine the legal relations between grantor and grantees of director’s attorney in the procurement of goods/ services based on the decision of the Mataram District Court Number: 33/PID.SUS.TPK/2015/PN.MTR. This study is a normative study that uses legislative, case, and conceptual approaches and uses primary and secondary legal materials. The research results lead to one conclusion. If it is associated with Article 1338 and 1320 of the Civil Code, legal relations between grantor and grantee of director’s attorney are created when they have agreed to enter into an agreement. However, the agreement they made is not necessarily considered valid because the agreement of the director's attorney made by the two defendants including the nominee agreement in the procurement of government goods/ services is a matter which is not allowed to be carried out by business actors as the provider; moreover, it can be considered as an attempt to smuggle the law because it is considered not to fulfill one of the legal requirements of the agreement namely the existence of a cause or causal that is lawful and considered to be contrary to the principle of good faith in the agreement. Thus, the agreement of the director’s attorney made by the two defendants is null and void.

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Masum, Ahmad, Shahrul Nizam Salahudin, and Hajah Hanan Haji Abdul Aziz. "Corporate Governance and Directors Duty to Act in Good Faith and in the Best Interest of the Company: The Malaysian Experience." International Journal of Engineering & Technology 7, no. 4.38 (December 3, 2018): 795. http://dx.doi.org/10.14419/ijet.v7i4.38.27547.

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Corporate governance is not a legal term. It is a term that refers broadly to the rules, processes, or laws by which businesses are operated, regulated, and controlled. It has traditionally specified the rules of business decision making that apply to the internal mechanisms of companies. Corporate governance mechanisms have the purpose of monitoring and controlling the management of corporations resulting in more effective management and to enhance shareholder value. The aim of this paper is to examine the duty of company directors to act in good faith and in the best interest of the company by way of making reference to the Malaysian experience. This paper adopts a legal library based research methodology focusing mainly on primary and secondary legal sources. The paper concludes that although directors must exercise their discretion in good faith, the fiduciary duty to act in good faith in the interests of the company is a subjective duty. There is no breach where the directors act in what they honestly believe to be in the interests of the company. The courts are generally reluctant to override the business judgment of directors. The paper recommends that courts should adopt a flexible approach in dealing with directors’ duty to act in good faith and in the best interest of the company. The erosion of a director’s obligation to act in good faith does not bode well for the modern corporation and the economy, and a meaningful interpretation of “not in good faith” is necessary to help halt the erosion.

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Schipani, Cindy A., and George J. Siedel. "Legal Liability: The Board of Directors." Family Business Review 1, no. 3 (September 1988): 279–85. http://dx.doi.org/10.1111/j.1741-6248.1988.00279.x.

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Guan, Xiaofeng. "On legal issues of independent directors." Frontiers of Law in China 2, no. 4 (October 2007): 616–33. http://dx.doi.org/10.1007/s11463-007-0028-7.

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Seong, Min Sup. "Limit of Contents of Shareholders’ Right to Make Proposal and Possibility of BOD’s review thereof and submission of amendment of thereof - Focused on the Cases regarding Request for an additional appointment of Directors and Cumulative Voting -." KOOKMIN LAW REVIEW 28, no. 3 (February 2016): 263–304. http://dx.doi.org/10.17251/legal.2016.28.3.263.

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Moravec, Tomáš, and Petr Valenta. "The Comparison of Efficiency of Disqualification of Directors in New Czech Business Corporation Act and in the Legal System of England." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 63, no. 5 (2015): 1711–17. http://dx.doi.org/10.11118/actaun201563051711.

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The article deals with regulation of director’s disqualification in the new Czech Business Corporation Act and in the Company Directors Disqualification Act in England. The cornerstone of this article is to perform the economic analysis of the disqualification of directors according to the theory of Law and Economics. There are defined common and different points in both regulations. Furthermore this article derives and forecasts the probable number of court proceedings concerning disqualification before Czech courts in 2014. Moreover this article discusses the examples of a situation when the member of company body breaches the law or not. Last point of research is focused on asymmetric information and positive externalities of public register of disqualified persons. The article also provides future recommendation for legislator to create more effective rules.

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Jahan, Tasnuva. "Directors’ Remuneration and Corporate Governance within the UK." International Journal of Learning and Development 7, no. 3 (July 10, 2017): 12. http://dx.doi.org/10.5296/ijld.v7i3.11496.

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In this era of globalization and rapid growth of world economy size of directors’ remuneration is a matter of international debate. Current anxieties are around the increase in executive pay as reports disclose that executive pay no longer corresponds with performance and the gap of wealth have widened since the 1980s. The courts, nevertheless, has been reluctant to scrutinise this condition, neither has the legislature shown any interest to fix any standard of pay. Model Articles for Public Companies allow the board of directors to delegate their powers on conditions they seem fit. Compared the pay of CEOs of companies of Japan, Germany and UK with the USA and found that USA and UK were closest with their generous pay. This comparison is important since the UK and the USA have been taking serious techniques to prevent extra pay. This paper will discuss about the issues with remuneration highlighting the legal control of director’s remuneration and the flaws of regulations from different viewpoints of shareholder, executive and company along with social and economic the factors that increases director’s remuneration.

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Shubhan, M. Hadi. "CHARGING DIRECTOR OF COMPANY WITH PERSONAL BANKRUPTCY FOR COMPANY MISMANAGEMENT." Jurnal Hukum dan Peradilan 8, no. 3 (December 12, 2019): 353. http://dx.doi.org/10.25216/jhp.8.3.2019.353-370.

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This study aims to examine the theories, regulations, and practices at the commercial court in Indonesia regarding the possibility of charging director of limited liability companies (LLC, Perseroan Terbatas(PT)) with personal bankruptcy as a form of personal liability due to mismanagement causing the company to go bankrupt. This is an interesting issue to study because, in general, the rights and obligations of the company, and specifically LLC in this article, are separated from the rights and obligations of the directors. Therefore, the company’s liability cannot be requested upon its directors’ personal liability. Nonetheless, this general principle is revocable if the director makes an error which causes the company to go bankrupt. This study uses the normative (doctrinal) legal research method with statute approach, conceptual approach, and cases approach. The study results revealed that directors could be asked for personal liability if they create problems which lead to a company going bankrupt. The director's liability comes in the form of the obligation to file bankruptcy for the director him/herself. In this study, several cases were found that punished the director with the director's personal bankruptcy, like in the case of personal bankruptcy of director PT QSAR and in the case personal bankruptcy of director of PT CHK.

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Hyatt, Jim, and Bill Charney. "The legal and fiduciary duties of directors." Board Leadership 2005, no. 78 (March 4, 2005): 1–8. http://dx.doi.org/10.1002/bl.38620057801.

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Rosa, Gloria Esteban De La, and Jovan Shopovski. "Directors’ Conflicts of Interest: Different European Legal Perspectives." Beijing Law Review 04, no. 04 (2013): 174–79. http://dx.doi.org/10.4236/blr.2013.44022.

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Ndzi, Ernestine. "The impact of the Salomon principle on directors’ remuneration in the UK." International Journal of Law and Management 59, no. 2 (March 13, 2017): 257–70. http://dx.doi.org/10.1108/ijlma-11-2015-0058.

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Purpose This paper aims to examine the Salomon principle of separate legal personality and its impact on the regulation of directors’ remuneration in the UK. The aim of the paper is to explore the Salomon principle to determine whether it serves as a driving factor for directors’ remuneration levels. The paper will also examine the restrictive approach of the courts to move away from the principle and their reluctance to get involved in directors’ remuneration issues of a company. The paper explains the Salomon principle, describes the nature of the problem on directors’ remuneration and provides an analysis on how the Salomon principle impacts on the directors’ remuneration. Design/methodology/approach The paper reviews case law, statutory provisions and academic opinions on the directors’ remuneration and the concept of separate legal entity. The paper critically reviews the impact of the concept of separate entity on directors’ remuneration. Findings The paper finds that the courts are reluctant to come away from the concept of separate legal personality as well as reluctant to get involved with directors’ remuneration. This reluctance of the court makes the concept of separate legal personality to act as one of the drivers of directors’ remuneration. Originality/value The paper offers a different explanation into why directors’ remuneration continuous to be an issue in the UK. It points out that the concept of separate legal personality is a potential driver of directors’ remuneration in the UK.

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Schneider, Robert C., William F. Stier, Stephen Kampf, Brady Gaskins, and Scott G. Haines. "Club Sport Legal Liability Practices at NIRSA Institutions." Recreational Sports Journal 32, no. 1 (March 2008): 62–76. http://dx.doi.org/10.1123/rsj.32.1.62.

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Current legal practices in collegiate club sport programs were studied. A 23-item questionnaire consisting primarily of close-ended questions was mailed to 563 campus recreation directors representing all six National Intramural-Recreational Sports Association (NIRSA) regions. Data obtained showed that mean club sport budgets ranged from $51,657 in Region 4 to $135,657 in Region 6, with an overall mean of $69,138 across all regions. Signing a waiver before participating was required by 91% of the directors. Lack of consistency in waiver language and font size was reported. Only 9% of campus recreation directors always require that an institutional employee travel with a club sport team. The most frequent modes of approved travel for club sport participants were students driving personal cars (94%), renting vans from outside vendors (95%), and the use of private transportation such as a chartered bus (70%). Paid coaches were used by 15% of the directors.

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Permadi, Iwan, Kusmono Kusmono, Sihabudin Sihabudin, and Heru Ratno Hadi. "The legal protection weakness of the directors board from the risk of losses due to business decisions." International Journal of Research in Business and Social Science (2147- 4478) 10, no. 2 (March 23, 2021): 306–10. http://dx.doi.org/10.20525/ijrbs.v10i2.1038.

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Business is a risk. There is no guarantee the business is run By the board of Directors who will always bring profit. One day profit, no profit, and another time can lose. When business decisions are taken by the board of Directors losses especially in significant amounts can be ascertained will happen nervousness on the board of Directors of the Company. State-Owned Enterprises established for business purposes in the full operation of risk. Law No. 19 of 2003 concerning State-Owned Enterprises does not regulate the protection of the Board of Directors of the Company, meanwhile, Law No. 40 of 2007 on Limited Liability Companies regulation of the protection of the Board of Directors of its implementation gives rise to multi-interpretation. Business decisions made by the Board of Directors of the Company in accordance with the principles of Business Judgement Rule are business risk, should get legal protection. The purpose of this research is to find out the weaknesses of this legal protection. This research includes normative legal research with a statutory approach with The analysis technique in this research is investigation strategy. The results show that there is no legal certainty regarding business decisions taken by Directors who experience losses in business transactions so that the Government / DPR must amend the BUMN Law by adding articles on the legal protection of the Directors of Persero.

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Young, Sarah J., Sarah K. Fields, and Gwynn M. Powell. "Risk Perceptions versus Legal Realities in Campus Recreational Sport Programs." Recreational Sports Journal 31, no. 2 (October 2007): 131–45. http://dx.doi.org/10.1123/rsj.31.2.131.

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Risk management in campus recreational sports has been a consideration on the minds of campus recreational sport directors for over the past three decades. But are directors' concerns aligned with the litigation being decided in the courtroom? This study examined whether or not campus recreation directors were concerned about the same legal and risk management issues that appeared most frequently in published court decisions. A case law analysis revealed that 54 cases were related to campus recreation over the past 30 years. To determine risk perceptions of campus recreation directors, a Web survey identifying 34 risk issues was administered. The findings showed the relationship of perceptions of directors to published cases and the risk management formula, as well as differences in perceptions based on demographic variables. The results identified several opportunities for discussion and new areas for research.

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Cassim, Rehana. "Post-resignation Survival of Fiduciary Duties: Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019)." Potchefstroom Electronic Law Journal 24 (April 15, 2021): 1–28. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9199.

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In Big Catch Fishing Tackle Proprietary Limited v Kemp (17281/18) 2019 ZAWCHC 20 (5 March 2019) the Western Cape Division, Cape Town had to determine whether a former director of a company continued to owe fiduciary duties to the company after he had resigned, and if so, whether he could temporarily be interdicted from competing with the company until the main action was heard in court. The court dismissed the company's application for an interim interdict. This article critically analyses the judgment in regard to the post-resignation fiduciary duties of directors. The judgment is noteworthy as it sheds light on the post-resignation fiduciary duties of directors – an area of law which is still developing in South African law. This article contends that the court incorrectly conflated the legal principles relating to the appropriation of corporate opportunities with the misuse of confidential information. It is further argued that courts should not lay down a closed list of instances when directors' fiduciary duties will continue post-resignation, as the court attempted to do in this case. It is suggested that courts should adopt a flexible and pragmatic approach in determining when a director's fiduciary duties will survive after his or her resignation.

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Miletkov, Mihail, Annette Poulsen, and M. Babajide Wintoki. "Foreign independent directors and the quality of legal institutions." Journal of International Business Studies 48, no. 2 (December 12, 2016): 267–92. http://dx.doi.org/10.1057/s41267-016-0033-0.

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Plumeri, Peter A. "Endoscopic Training Directors: A Few Legal and Ethical Considerations." Gastrointestinal Endoscopy Clinics of North America 5, no. 2 (April 1995): 447–55. http://dx.doi.org/10.1016/s1052-5157(18)30454-9.

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Chung, Hyeesoo (Sally) H., Stephen A. Hillegeist, and Jinyoung P. Wynn. "Directors’ and officers’ legal liability insurance and audit pricing." Journal of Accounting and Public Policy 34, no. 6 (November 2015): 551–77. http://dx.doi.org/10.1016/j.jaccpubpol.2015.05.009.

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Liu, Guoping, and Jerry Sun. "Independent directors’ legal expertise, bank risk-taking and performance." Journal of Contemporary Accounting & Economics 17, no. 1 (April 2021): 100240. http://dx.doi.org/10.1016/j.jcae.2020.100240.

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Et al., Kamaliah Salleh. "THE DUTIES AND CONFLICTS OF NOMINEE DIRECTORS: THE LEGAL POSITION IN MALAYSIA." Psychology and Education Journal 58, no. 2 (February 1, 2021): 1577–83. http://dx.doi.org/10.17762/pae.v58i2.2311.

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There are different factors and basis for appointment of directors in a company’s board. Some of them are appointed based on their expertise in the respective sectors or industries as independent directors in the board, while others may be appointed by creditors or major shareholders or interest group as nominee director. Just like all directors, nominee directors are expected to act in the best interests of the company to which they are appointed. Further, they also owe the same legal fiduciary duties to the company similar to other directors. Nominee directors bears additonal expectation as they do not only manage and perform in the company’s board, but they are commonly expected by their appointers to represent the interest of the appointers in any commercial decisions made by the board of the company and also to update the appointers on the company’s performance from time to time. The objective of this paper is to study the duties owed by nominee directors in the event of conflicts of interest that possibly occurs between the company where they are sitting as board members and their appointers. The study will focus on the law governing them in Malaysia. This research adopted qualitative analytical method in which books, article journals, internet sources and other relevant documents are analysed. It was found that it is very crucial for the nominee directors to observe certain rules pertaining to their duties and involvement in decision making in order to mitigate such conflicts.

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Moffett, Peter, Cedric Lefebvre, and Kelly Williamson. "Standardized Letters of Concern and Remediation Contracts: Templates for Program Directors." Journal of Graduate Medical Education 11, no. 5 (October 1, 2019): 606–10. http://dx.doi.org/10.4300/jgme-d-19-00065.1.

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ABSTRACT Background Remediation of the struggling resident is a universal phenomenon, and the majority of program directors will remediate at least 1 resident during their tenure. Objective The goal of this project was to create a standardized template for program directors to use at all stages of remediation. Methods Between 2017 and 2018, the Council of Residency Directors in Emergency Medicine (CORD-EM) Remediation Committee searched for best practices in the medical literature and compiled a survey that was e-mailed to the CORD-EM listserv. After reviewing all information, a standardized remediation contract was created, reviewed by legal counsel, and distributed to members. Results Forty-two percent (110 of 263) of program directors or assistant program directors on the CORD-EM listserv answered the initial survey and provided guidance on current remediation practices. The committee created formal and informal standard remediation contracts as both fillable templates and alterable documents. These were reviewed by CORD-EM general legal counsel and approved by the CORD-EM Board of Directors for distribution. The project took approximately 20 hours to complete over 8 months and involved a cost of $480 for legal fees. Conclusions With program director input and legal counsel review, the CORD-EM Remediation Committee produced standardized remediation contracts, which can be used by all emergency medicine programs after comparison to local institutional policy and local legal review. This process was feasible and can be replicated by other specialties.

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Meteleva, Yu A. "Responsibility of Individuals Managing a Legal Entity." Lex Russica, no. 10 (October 24, 2019): 30–38. http://dx.doi.org/10.17803/1729-5920.2019.155.10.030-038.

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The problem of liability of persons managing a legal entity was raised in Russian civil law after the adoption of legislation on joint-stock companies. At the beginning, it was more theoretical in nature, since the civil legislation did not contain any mechanisms for the implementation of such liability. To date, due to the reform of the Civil Code and changing approaches in jurisprudence, disputes concerning property liability of directors have formed a considerable category of cases. The paper analyzes the elements of such civil wrongs as damage caused to a legal entity by persons who are members of the managerial boards and are able to exercise a significant impact on such boards. All elements of the civil wrong under consideration are being analyzed: the act, the consequences (damage), the causal link between the act and the consequences, and the fault of the wrong-doer. The paper also elucidates the participants involved in such disputes. Exploring specific court cases, the author shows which acts of directors are recognized by the courts as illegal, what restrictions are expressed in the legal standings of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation to qualify as illegal different acts of directors and other persons. In the vast majority of cases of this category, persons exercising the functions of the sole executive body are prosecuted. Sometimes they are also the participants at the same time. The scope of persons covered by the term “determining the acts of a legal entity” is not defined in the law, which also hampers judicial practice. Judicial proceedings bringing such persons to justice are exceptional. Therefore, the author proposes to define in the Civil Code all persons who can commit an act and thereby cause damage to a legal entity. In addition, it is proposed to establish criteria of unreasonableness and dishonesty of actions of directors and other persons.

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Krishnan, Jayanthi, Yuan Wen, and Wanli Zhao. "Legal Expertise on Corporate Audit Committees and Financial Reporting Quality." Accounting Review 86, no. 6 (July 1, 2011): 2099–130. http://dx.doi.org/10.2308/accr-10135.

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ABSTRACT Recent trends in corporate board composition indicate an increase in the appointment of directors with legal expertise. Using two financial reporting quality measures, accruals quality and discretionary accruals, we find—for a sample of Russell 1000 firms in 2003 and 2005—that the presence (and proportion) of directors with legal backgrounds on the audit committee is associated with higher financial reporting quality. These results obtain after controlling for accounting expertise on audit committees. Also, supplementary tests indicate a positive association between changes in legal expertise and changes in financial reporting quality, suggesting that legal expertise serves as a monitor rather than as a signal of financial reporting quality. Further, the two forms of expertise interact —i.e., the presence of directors with both forms of expertise enhances financial reporting quality, beyond the contribution of the individual forms of expertise. Additional tests suggest that the positive effects of legal expertise are greater in the post-SOX period compared with a pre-SOX year.

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Lubis, Ikhsan, and Neneng Oktarina. "PERLINDUNGAN HUKUM TERHADAP DIREKSI YANG DIBERHENTIKAN TANPA MELALUI RAPAT UMUM PEMEGANG SAHAM (Studi Pada PT. Sumber Andalan Mandiri (SAM))." UNES Law Review 1, no. 2 (December 26, 2018): 172–83. http://dx.doi.org/10.31933/law.v1i2.25.

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One of the most incorporated legal entities as a business entity by business people today is a Limited Liability Company. In practice the mechanism for the appointment, replacement, and dismissal of the Board of Directors is not always adhered to properly by the Company's organs. In the case of PT. SAM with Phiedi as Director of PT. SAM has permanently and permanently dismissed one member of the Board of Directors from his position as a director without going through the GMS. Legal facts, the existence of e-mail dated April 22 and 24 2014 which essentially contained the dismissal of the Directors of PT. SAM is permanent or permanent. This paper discusses several problem formulations, namely: 1) What is the legal protection of directors who are dismissed without going through a general meeting of shareholders according to the positive legal framework in Indonesia? 2) What is the legal effort made by the directors who are dismissed without going through a general meeting of shareholders? This research is a descriptive research. The approach used in this study is a normative juridical approach supported by an empirical juridical approach. The data used in this study are secondary data and primary data. Against all data and materials obtained from the results of the study will be compiled and analyzed qualitatively. The results of the study explain that legal protection against directors who are replaced by directors who are dismissed without going through the GMS then: 1) Each member of the board of directors is personally responsible for the loss of the company; 2) Personal responsibility is attached to the member of the board of commissioners if he is guilty or negligent in carrying out the duties of supervision or giving advice; 3) Although the loss arises from the management of the board of directors, the members of the board of commissioners remain personally responsible if in the supervision of the implementation of the management of the board of directors there is an element of error or negligence of the board of commissioners; and 4) The extent of personal responsibility of the members of the board of commissioners, limited to their mistakes or negligence, and fifth, if the members of the board of commissioners consist of 2 (two) or more, personal responsibility, is jointly responsible for each member of the board of commissioners. Legal efforts made by directors who are dismissed without going through a general meeting of shareholders, then upon dismissal of the Board of Directors without the GMS, the Commissioner must immediately convene an Extraordinary General Meeting of Shareholders to follow up on the temporary dismissal of the Board of Directors by the Board of Commissioners, then as soon as possible the Board of Commissioners calls the shareholders in the framework of the Extraordinary GMS to strengthen its decision. Considering that the Director is a majority shareholder, of course the ordinary GMS will not succeed because there is a quorum rule and the validation of the vote

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Radić, Irena. "Directors' duty to consider the interests of creditors and other stakeholders when there is a likelihood of insolvency." Strani pravni zivot, no. 1 (2021): 139–58. http://dx.doi.org/10.5937/spz65-29162.

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Directive (EU) 2019/1023 on restructuring and insolvency requires member states to ensure that, where there is a likelihood of insolvency, directors have due regard for the interests of creditors, equity holders, and other stakeholders. In this paper, the author analyzes the legal position and interests of creditors and other stakeholders when there is a risk of insolvency and briefly addresses the legal mechanisms of corporate law that are directed to protect the interests of creditors and other stakeholders. The author also analyzes the content of directors' duty as required by the Directive and the constraints and legal challenges of enforcement of the directors' duty to act in the interests of creditors and other stakeholders.

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Chen, Guang-Zheng, and Edmund C. Keung. "Directors' and Officers' Legal Liability Insurance and Internal Control Weaknesses." Journal of International Accounting Research 17, no. 1 (January 1, 2018): 69–86. http://dx.doi.org/10.2308/jiar-51990.

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ABSTRACT Directors' and officers' (D&O) legal liability insurance releases directors and officers from the threat of litigation and personal liability stemming from their decisions on behalf of the corporation. While researchers have examined some of the determinants of internal control weaknesses, it is not clear whether excess D&O coverage motivates managers to weaken the quality of firms' internal controls. This study examines whether excess D&O coverage affects the effectiveness of internal controls. Based on a sample of Taiwanese listed firms for the period 2008 to 2012, we find that firms with excess D&O coverage exhibit a greater likelihood of internal control weaknesses. This finding is driven primarily by company-level weaknesses rather than by account-level weaknesses. Because the disclosure of D&O insurance may convey additional information about managers' actions, our findings have implications for other emerging markets.

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Johnston, Douglas A. "Legal notes: Directors and trustees: Personal liability for their actions." International Journal of Museum Management and Curatorship 7, no. 1 (March 1988): 77–78. http://dx.doi.org/10.1080/09647778809515108.

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邢, 宝东. "On the Identification and Legal Regulation of Directors’ Self-Dealing." Dispute Settlement 06, no. 04 (2020): 49–63. http://dx.doi.org/10.12677/ds.2020.64008.

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Bernstein, Adam. "Company directors have legal obligations to their company and creditors." Journal of Aesthetic Nursing 7, no. 4 (May 2, 2018): 228–29. http://dx.doi.org/10.12968/joan.2018.7.4.228.

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He, Weifeng, and Wei Liu. "Why do companies appoint independent directors having professional legal expertise?" China Journal of Accounting Studies 4, no. 4 (October 2016): 379–405. http://dx.doi.org/10.1080/21697213.2016.1251770.

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Johnston, D. "Legal notes Directors and trustees: Personal liability for their actions." Museum Management and Curatorship 7, no. 1 (March 1988): 77–78. http://dx.doi.org/10.1016/0260-4779(88)90055-6.

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Nuranda, Bima, Anita Afriana, and Holyness N. Singadimedja. "STATUS HUKUM PEKERJA YANG DIANGKAT MENJADI ANGGOTA DIREKSI PADA PERSEROAN TERBATAS TANPA ADANYA PENGAKHIRAN PERJANJIAN KERJA." Perspektif Hukum 19, no. 1 (July 5, 2019): 33. http://dx.doi.org/10.30649/phj.v19i1.189.

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<em>The appointment of a director in a Limited Liability Company can be chosen from its own workers. In reality, this raises a legal problem when the worker appointed to the Board of Directors is dismissed by the General Meeting of Shareholders (GMS), while the termination has been regulated in Law Number 40 of 2007 concerning Limited Liability Companies, but when workers appointed as members of the board of directors do not accept such dismissals, the aforementioned directors choose to submit the fulfillment of their workers’ rights as stipulated in Law Number 13 of 2003 concerning Employment. From this problem, it can be inferred that there is a lack of clarity regarding the legal status of a worker who is appointed as a board of directors through GMS and the legal consequences when the worker appointed as director is dismissed.</em>

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Brennan, Niamh M. "Directors' Responsibilities, Accountability, and Business Judgment: The Pierse Contracting Case." Issues in Accounting Education 35, no. 1 (December 1, 2019): 25–41. http://dx.doi.org/10.2308/issues-18-023.

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ABSTRACT This case helps students understand the challenging decisions faced by a company's board of directors (i.e., survival of the company) and the legal risks directors experience when business fails. The case is based on actual court proceedings involving a company's liquidator taking legal action to restrict the tenure of the directors. Key judgments facing the directors and disputed by the liquidator include the valuation of financial statement assets and the preparation of the financial statements on a going-concern basis. The case also addresses directors' relationships with the company's external auditor/advisors. Students are asked to consider whether the directors acted responsibly in relation to their stewardship of the company and whether the directors should be held accountable and sanctioned following the company's collapse. The case adopts a novel courtroom setting, requiring students to role-play by adopting the characters and presenting the plaintiff's and defendants' lawyers' arguments, and the judges deciding the case.

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Tillman, Fred A. "Commentary on Legal Liability: Organizing the Advisory Council." Family Business Review 1, no. 3 (September 1988): 287–88. http://dx.doi.org/10.1111/j.1741-6248.1988.00287.x.

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Although we cannot predict the outcome of uncertain legal issues, it is possible that advisory councils face less legal liability than boards of directors. The key to minimizing the risk is to keep the council separate from the board.

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Taylor, Paul, and Charlotte Kong. "Director's duties: staying informed, keeping out of trouble." Nursing and Residential Care 21, no. 7 (July 2, 2019): 412–14. http://dx.doi.org/10.12968/nrec.2019.21.7.412.

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A promotion to a board of directors can be a great opportunity, but only for those who are aware of their legal obligations and the risks involved. Paul Taylor and Charlotte Kong set out ten key points directors need to adhere to.

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Lestari, Pande Putu Indahyani, and I. Gede Agus Kurniawan. "PERLUASAN PENGATURAN PENGURUSAN PERSEROAN TERBATAS DALAM PEMBAHARUAN HUKUM PERSEROAN TERBATAS." Kertha Semaya : Journal Ilmu Hukum 8, no. 10 (September 30, 2020): 1495. http://dx.doi.org/10.24843/ks.2020.v08.i10.p01.

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Tujuan studi ini untuk mengkaji perluasan pengaturan pengurusan perseroan terbatas dalam pembaharuan hukum Perseroan Terbatas. Dalam UUPT menyebutkan bahwa Direksi berwenang dan bertanggung jawab penuh untuk menjalankan pengurusan Perseroan. Studi ini menggunakan metode penelitian hukum normatif, yakni suatu penelitian menggunakan berdasarkan dengan pendekatan bahan hukum, baik hukum primer dan hukum sekunder. Hasil studi menunjukkan bahwa Direksi sebagai organ perseroan bertanggung jawab atas kepentingan Perseroan, apabila dalam suatu Perseroan tidak memiliki Direksi maka Perseroan tidak akan bisa berjalan atau beroperasional dengan baik selayaknya sebuah badan hukum. Kemudian dalam hal ini ketika masa jabatan Direksi sudah habis mengakibatkan terjadinya kekosongan kepengurusan Direksi, di dalam UUPT tidak ada yang mengatur manakala suatu Perseroan sudah tidak memiliki Direksi. The purpose of this study is to examine the expansion of management arrangements for limited liability companies in the legal renewal of Limited Liability Companies. The UUPT states that the Directors are authorized and fully responsible for carrying out the management of the Company. This study uses a normative legal research method, which is a research using based on the approach of legal materials, both primary and secondary law. The study results show that the Board of Directors as a corporate organ is responsible for the interests of the Company, if in a Company does not have a Board of Directors, the Company will not be able to operate or operate properly as a legal entity. Then in this case when the term of office of the Board of Directors has expired resulting in a vacancy in the management of the Board of Directors, in the Company Law no one regulates when a Company does not have a Board of Directors.

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Hart, Caroline Lydia. "Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners." International Journal of Rural Law and Policy, no. 2 (December 31, 2012): 1–17. http://dx.doi.org/10.5130/ijrlp.i2.2012.2660.

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Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. This paper refers to the legislation and the literature on the range of business structures, before giving an insight into the actual choice of business structures used by Queensland regional, rural and remote legal practitioners. What is the awareness of the new business structures? And are there factors inhibiting RRR legal practitioners from their use? This paper draws on over 30 interviews with sole practitioners, partners and legal practitioner directors about their choice of business structure.

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Swor, Robert A., and Ronald L. Krome. "Administrative Support of Emergency Medical Services Medical Directors: A Profile." Prehospital and Disaster Medicine 5, no. 1 (March 1990): 25–30. http://dx.doi.org/10.1017/s1049023x00026479.

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AbstractPrehospital advanced life support (ALS) is provided by non-physicians under the supervision and the responsibility of a physician—the Emergency Medical Service Medical Director (EMSMD). In order to assess the time required of the EMSMD as well as the technical support provided and the medico-legal risks involved, a survey was distributed to physicians in attendance at the Annual Scientific Assemblies of the National Association of EMS Physicians in August 1986 and June 1987. The survey also was mailed to all EMSMDs in Michigan.Of the 66 EMS medical director respondents, 69% were compensated, 62% were provided with malpractice coverage, and 22% had been involved in legal actions. Clerical support was provided for 89%, office space for 58%, and 60% had access to a computerized record database system. The average time consumed per week was 17±13 hours.Differences were detected in the amount of support provided between services with an excess of 10,000 ALS responses per year and those with less than 10,000. The larger services more frequently provided office space and equipment (p<.02), malpractice coverage (p<.01), and access to a records database (p<.03) than did the smaller services. The EMSMDs for the larger services also were involved more frequently in legal actions (p<.03).Legal actions involved 14 of the EMSMDs: paramedic malpractice (6); system failures (3); dispatch errors (2); inappropriate receiving facility (2); and paramedic licensure, equipment failure, union grievance, withdrawal of medical control, and trauma center designation (1 each). Four of the 14 involved had not been provided with malpractice coverage.Medical direction of a prehospital EMS system requires a significant time commitment, incurs medico-legal risks, and in most communities receives clerical and data retrieval support, and the EMSMDs are compensated.

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Talens, Paula del Val. "Corporate Directors:In Search of a European Normative Model for Legal Persons as Board Members." European Company and Financial Law Review 14, no. 4 (February 14, 2018): 609–36. http://dx.doi.org/10.1515/ecfr-2017-0028.

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Juridical persons may be appointed as company directors in a number of European Member States, such as France, Belgium Spain or Italy, while this practice is forbidden in other jurisdictions (traditionally, Germany and, today, the United Kingdom). The lawfulness of the so-called «corporate directors» depends on a policy decision that legislators may make after balancing potential benefits and risks deriving from placing corporate bodies on the board. Corporate directors are not an essential tool for the European business environment, but are indeed a European corporate governance practice which does provide flexibility and operative advantages. This paper evaluates regulatory alternatives for both domestic legislation and prospective European instruments. It analyses how placing legal entities on a board may affect corporate governance and underlines their potential applications, namely, in groups of companies. It then examines two opposite policy approaches to corporate directors, an express prohibition and an explicit admission, as considered by certain Member States and article 47.1 of the Societas Europaea Regulation. We further explore the predominant model for the admission of corporate directors, which is based on three core elements: an enabling provision, the compulsory appointment of a permanent representative, and a joint liability rule.

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GOO, Say H. "An Economic Efficiency Approach to Reforming Corporate Governance: The Case of Multiple Stakeholder Boards." Asian Journal of Law and Society 4, no. 2 (July 24, 2017): 387–404. http://dx.doi.org/10.1017/als.2017.10.

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AbstractThis paper points out the problems of the current law on directors’ duties that forces directors to ignore stakeholder interests, with the unintended consequences of misallocation of resources and the weaknesses of a traditional legal approach to law reform, and uses multiple stakeholder boards as an example to demonstrate how an economic efficiency approach to law reform, adopting economic principles, could avoid some of the unintended consequences of a legal approach to law reform and help design better rules that promote allocative efficiency for the benefit of society as a whole. It argues that international organizations should take the lead in promoting the use of stakeholder directors in the board of directors of multinational corporations that have a history of corporate abuses for corporate decisions that have an impact on all stakeholders.

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Joksovic, Marija. "Conceptual understanding of a legal liability of directors in corporate law." Pravo - teorija i praksa 33, no. 10-12 (2016): 1–13. http://dx.doi.org/10.5937/ptp1612001j.

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Sa’adah, Nur. "TANGGUNG JAWAB PRIBADI DIREKSI TERHADAP UTANG PERSEROAN (Analisis Putusan Mahkamah Agung No: 1914 K/Pdt/2009 )." Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan 6, no. 2 (April 10, 2017): 1. http://dx.doi.org/10.32493/jdmhkdmhk.v6i2.331.

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The responsibility of Directors of the Company's debt in case of Ultra Vires exonerated from his liability if the company's debt arising from the actions of Directors had exceeded its authority as may of Directors gai as stipulated in Law No. 40 of 2007 and Articles of Association of the Company are concerned. The reasons and legal basis proposed by the Company in the principal case as contained in Decision No. 1914 K / Pdt / 2009, ie in the form of excuse the absence of consent of Commissioners to the Board of Directors in making a financing agreement with a third party, not the basis for consideration of the legal panel of judges in deciding the case in question. Thus, in the principal case, the actions of Directors, acting for and on behalf of the Company, although it did not get approval from the Commissioner did not abort their tanggungawab Company to the party entitled, so that the Company and the Board of Directors has the responsibility jointly and severally on the company's debt repayment.Keywords: Director, Corporation, Ultra Vires

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Belcher, Alice. "The unitary board: Fact or fiction?" Corporate Ownership and Control 1, no. 1 (2003): 139–48. http://dx.doi.org/10.22495/cocv1i1p4.

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A recent consultation process in the UK produced strong support for the concept of the unitary board. Many respondents in this process connected the concept of the unitary board with the principle that all directors should have the same legal responsibilities or duties. This article explores the legal responsibilities of UK executive and non-executive directors and in doing so exposes the gap between the concept of the unitary board and the messy reality of the courts’ treatments of specific non-executive scenarios. It also identifies a change in the language used to describe UK boards. Previously the unitary board, comprising executive and non-executive directors, had been described as a team. The most recent rhetoric is of a “partnership” between the executive and non-executive directors. This shift could signal the end of the unitary board.

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Journal articles on the topic 'Legal Directories'

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