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The liabilities of director are mentioned in various sections of The Companies Act,2013 which contains criminal liability, liability on fraud, liability for breach of warranty, liability to the third parties, liability for breach of statutory duties , liabilities to the company and liabilities for acts of other ...
A person is appointed as a director under the Companies Act, however, his / her liabilities as a director are not just limited to the offences committed under the Companies Act but he is also liable for the offenses committed under the various other statutes like the Negotiable Instruments Act, 1881, Labour Laws, GST ...
In one example, a company announced that it was going private through a tender offer from an affiliated entity. Stockholders alleged a breach of fiduciary duty against the directors and officers and ultimately received a $22.4 million settlement.
Actions in the Face of Insolvency Directors may be personally liable if they approve certain transactions while the corporation is insolvent or if such action would result in the corporation becoming insolvent. These transactions include paying dividends, redeeming shares, and repaying loans.
D&O insurance reimburses the defense costs incurred by board members, managers, and employees in defending against claims made by shareholders or third parties for alleged wrongdoing. D&O insurance also covers monetary damages, settlements, and awards resulting from such claims.