Özet:

The duty to promote the success of the company for the benefit of its members as a whole is the modern version of the duty of loyalties owed by directors, which is codified in 2006 under section 172 of The Company Act. The section makes various impacts on the directors, shareholders, stakeholders, employees, the community and the business in relation to paying more attention to stakeholders’ interests and benefits during corporate decision-making process. Some academicians state that the section has same approach regarding the ‘promote the success of the company’; however, others state the section is the modern, new, or modified version of the pre-existing law. Therefore ‘the company’s success’, ‘good faith’, ‘benefit members as a whole’ are needed to be evaluated in a wide range. The proposal put forward an idea is that adequately determines the necessity of the Government to strengthen the protection of stakeholders’ interests in companies and still the interests of shareholders are left wholly to the discretion of directors not to any acts.

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