Fiduciary duty essentially means that you are responsible for acting and doing things to benefit someone else. The person with a fiduciary duty is known as the fiduciary, and the person or persons they are responsible to are referred to as the principal or the beneficiary. In a corporation, the board of directors and the officers have a.. The 7 Fiduciary Duties. Historically directors' duties were derived from a series of legal cases which identified which interests the directors must serve; the need for independence, the need to act objectively, the need to remain loyal to the original purpose of the company, and the need to ensure good company management.
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When a corporation approaches insolvency, directors' fiduciary duties remain to the shareholders. In the seminal Gheewalla decision (North American Catholic Educational Programming v. Gheewalla (Del. Supr. 2007)), the Delaware Supreme Court was emphatic that directors' fiduciary duties do not shift from the shareholders to the creditors.. These duties overlap and inter-connect with your common law duties - operating with skill and care as a director - and also the statutory duties as laid down in the Companies Act, 2006. A new concept named 'Enlightened Shareholder Value' was introduced to Section 172 (1) of the Companies Act to clarify the wide-ranging duties of a director.
