Directors' Fiduciary Duties under our future company-law regime

Abstract

As a separate legal entity or juristic person which exists apart from its management and shareholders, a company must necessarily act through individuals.1 The functions and responsibilities of corporate directors, who are entrusted with its management,2 arise by virtue of this nature of a company. Company management can only be effective if those who manage are allowed a certain measure of freedom and discretion in the exercise of their function.