{"title":"Burnell诉Trans-Tag有限公司:董事避免利益冲突的义务及其在前董事中的适用","authors":"Farqaleet Khokhar","doi":"10.59075/jemba.v1i2.118","DOIUrl":null,"url":null,"abstract":"A recent landmark Burnell v Trans-Tag Ltd validated that the former director of a company is bound by the duty to avoid conflict of interest and his fiduciary duty will breach when he exploits the property, opportunity, and information that he acquired during his tenure of directorship in a company. Further, the combined effect of sections 175 and 170(2)(a) of the Companies Act 2006 has been explored in the case. This comment scrutinises and highlights this recent noteworthy development in the English courts’ jurisprudence on directors’ duty to avoid conflict of interest","PeriodicalId":270163,"journal":{"name":"Journal of Economics, Management & Business Administration","volume":"58 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Burnell v Trans-Tag Ltd: Directors’ Duty to Avoid Conflict of Interest and Its Application on Former Director\",\"authors\":\"Farqaleet Khokhar\",\"doi\":\"10.59075/jemba.v1i2.118\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"A recent landmark Burnell v Trans-Tag Ltd validated that the former director of a company is bound by the duty to avoid conflict of interest and his fiduciary duty will breach when he exploits the property, opportunity, and information that he acquired during his tenure of directorship in a company. Further, the combined effect of sections 175 and 170(2)(a) of the Companies Act 2006 has been explored in the case. This comment scrutinises and highlights this recent noteworthy development in the English courts’ jurisprudence on directors’ duty to avoid conflict of interest\",\"PeriodicalId\":270163,\"journal\":{\"name\":\"Journal of Economics, Management & Business Administration\",\"volume\":\"58 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Economics, Management & Business Administration\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.59075/jemba.v1i2.118\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Economics, Management & Business Administration","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.59075/jemba.v1i2.118","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
最近具有里程碑意义的Burnell v Trans-Tag Ltd案证实，公司前董事有义务避免利益冲突，当他利用在公司担任董事期间获得的财产、机会和信息时，他的信托义务将被违反。此外，本案还探讨了《2006年公司法》第175条和第170(2)(a)条的综合影响。这篇评论仔细审视并强调了最近英国法院关于董事避免利益冲突义务的判例中值得注意的发展
Burnell v Trans-Tag Ltd: Directors’ Duty to Avoid Conflict of Interest and Its Application on Former Director
A recent landmark Burnell v Trans-Tag Ltd validated that the former director of a company is bound by the duty to avoid conflict of interest and his fiduciary duty will breach when he exploits the property, opportunity, and information that he acquired during his tenure of directorship in a company. Further, the combined effect of sections 175 and 170(2)(a) of the Companies Act 2006 has been explored in the case. This comment scrutinises and highlights this recent noteworthy development in the English courts’ jurisprudence on directors’ duty to avoid conflict of interest
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