Description

What every director must know to govern prudently.

This webinar is a plain English explanation of the core directors duties and obligations under the Companies Act 1993 (ss 131-138 and ss 139-145). Recent, relevant cases are covered – so it’s also a good refresher.
A breach of duties and obligations can constitute a criminal offence, imposing criminal liability on directors personally as well as on the company. It is highly recommended that directors, society officers and trustees be aware of the duties and obligations in the Companies Act for which they may be held accountable.

Note: although legal concepts with illustrative cases and obligations are discussed, this session is aimed at SME directors and as a refresher and update to their governance advisors (legal and financial).

LEARNING OUTCOMES 

Attendees will gain an understanding of:

• Who directors are fiduciaries to and what fiduciary duties directors owe
• Duties in the Act that directors are specifically charged with complying with
• What constitutes reckless trading, the duty of care, and misuse of company information?
• Under what circumstances can a director rely on employees’, professional advisors’ and other directors’ advice?
• Handling conflicts and self-interests
• Checklists to assess whether you/your board are complying
• Recent and relevant cases that guide the courts

SUITED TO 

Current and aspiring directors, trustees, governors, society officers; accountants, acting company secretaries, and professional legal advisors to SME boards.

PRESENTER

Dr Karen Martyn, Governance Advisor, DocMartyn Ltd.

Karen Martyn moved to NZ from Southern California in 1989. Since 1998, she has trained thousands of directors in both NZ and Commonwealth countries. She qualified as Chartered Secretary (Company Secretary) and earned a PhD focused on the techniques to improve board performance that are fully under the control of the board.
Some of Karen’s useful tools and techniques are in Corporate Governance: A Practical Handbook (2016, CCH). She advises on both the secretariat and governing aspects of organisations.
She applies the latest neuroscience and small group research to offer evidence-based methods to improve the quality of board decision-making.