董事利益冲突的规制:印度视角下的效率、道德与价值观冲突

Tabrez Ahmad, P. Singh, Snigdha Ghatak, Soumita Adhikary
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引用次数: 0

摘要

董事利益冲突通常是由于一个人想在尽可能短的时间内赚更多的钱,或者由于董事没有真正严格履行其职责,第三方与董事之间存在秘密交易。本文分析了以下几个问题:董事的不同职责和责任是什么;可能导致董事与公司之间利益冲突的不同情况有哪些;署长不履行职责是否会导致价值观冲突;主任在道德基础上采取的行动是否会导致价值观冲突?研究的主要目的是考察不同类型的董事,他们的职责和责任。此外,该研究试图处理公司的责任。研究将进一步导致董事和公司之间产生的利益冲突,并找到避免和克服这些冲突的方法。这项研究将更多地采用实践方法而不是理论方法。这项研究的范围可以扩展到它在现实世界中的适用性。我们更关注的目标是找到一种可以应用于现实世界而不仅仅是书本上的方法。因此,研究的范围也可以说是足够宽,通过书籍到世界。这项研究被与不同公司有关的新闻和时事所推动。不可能为了避免利益冲突而制定法律,只能在利益冲突实际发生后采取行动。这是因为利益冲突通常是个人和道德价值观和行为的结果,这些行为永远无法阻止,因为没有法律可以读懂一个人的思想,从而控制他的行为。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Regulation of Directorial Conflict of Interest: Efficiency, Morality and Conflicting Values in Indian Perspective
The Directorial Conflicts of interests that usually arise are because of the nature of a person to earn more in as much less time he can or because of the secret dealing between the third party and the Director as the directors don’t really abide by their duties strictly. The paper analyses the following issues: What are the different Duties and Liabilities of the director; what are the different types of situations that may lead to conflict of interest between the Director and Company; whether non-abidance by the Director to his duties leads to conflicting values; can actions taken by the Director on moral basis lead to conflicting values. The main object of the study is to look upon the different types of directors, their duties and their liabilities. Furthermore the study seeks to deal with the duties of the company. The study will further lead to the conflicting interests that arise between the Director and the Company and find ways to avoid and overcome them. The study will be more of a practical approach rather than a theoretical approach. The scope of the study may extent to its applicability in the real world. The target that is focused upon more is to have an approach that may be applicable in the real world and not only on books. Therefore the scope of the study may also be said to be wide enough as go pass the books to the world. The study carried forward by the news and current affairs relating to different companies. There can be no law made in order to avoid the conflicting interests but only actions can be taken after they have actually occurred. This is because the conflicting interests are usually as a result of the personal and moral values and action and those actions can never be prevented as no law can be made that can read the mind of the person and thereby control his actions.
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