Gibs Law Journal
  • Year: 2023
  • Volume: 5
  • Issue: 1

A Juridical Study on Lawful Position of Directors Vis-À-Vis Comparative Corporate Governance

*Associate Professor-cum-Head, Faculty of Law, North East Frontier Technical University, Sipu Puyi, Aalo, West Siang, Arunachal Pradesh-791001 (Ra: Sa:), E-mail : drpsrakshit@gmail.com

Online Published on 20 September, 2023.

Abstract

Basically today’s corporate houses are principally identified in the name and fame of the CEO/MD or BODs; almost they are synonymous with their Companies goodwill. Very interestingly that till date the CA, 1956/2013 does not appropriately explain the actual position of the director; it has been deeply examining and describes the position of the directors by the judiciary from time to time. Sometimes they are called workmen, trustee, officer, agent, shareholder etc. Perhaps, if corporate misdeeds happen then the director/s is/are liable as per the corporate legal framework. Even the CSR policies have been planned by the board of directors. Other important issues except u/s. 135 of the CA, 2013 not a single word of ‘corporate governance’ is visible in the present CA, 2013. The SEBI (LODER) Regulation has explained the CG matters in the corporate laws in India. The limitation of the study ‘empirical comparative study’ is not to sum up the research work. The researcher examines the position of director, corporate misdeeds, and CSR policies on the basis of doctrinal, juridical, CA legislation and literature reviews in the context.

Keywords

Comparative Analysis, Corporate Misdeeds, CSR Policies, Judicial Interpretation, Position of Director