Oireachtas Joint and Select Committees

Tuesday, 5 November 2013

Select Committee on Jobs, Enterprise and Innovation

Companies Bill 2012: Committee Stage

11:35 am

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail) | Oireachtas source

Subsection (3) states:


Without prejudice to the director’s duty under subsection (1)(a) to act in good faith in what the director considers to be the interests of the company, a director of a company may have regard to the interests of a particular member of the company in the following circumstances.
Subsection (4) states:
Those circumstances are where the director has been appointed or nominated for appointment by that member, being a member who has an entitlement to so appoint or nominate under the company’s constitution or a shareholders’ agreement.
Is there a vagueness around that knowledge that could be used to defend inappropriate behaviour on the part of a director in the interests of a friend or family member?

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