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Project Management

Essentials of corporate governance by Sanjay Anand

By Sanjay Anand

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Duty of supervision. Working along the same lines as the duty of care, the duty of supervision elaborates on those principles and requires that the board facilitate its own discovery of corporate operations and executive activity. Business Judgment Rule Although boards are required to adhere to the duties of care and loyalty, this does not mean that they are necessarily liable for 48 Independent Outside Directors IN THE REAL WORLD (CONTINUED) actions or decisions that are not in the best interests of the corporation and shareholders.

It is also possible for shareholders to nominate potential directors themselves, but these nominees will have to be screened by the board before being included on the ballot. Some problems that can arise and create an insufficient system in terms of electing appropriate representation include inadequate information about prospective directors and an inability to nominate candidates. 32 Ownership and Responsibility Appointing a New Board Member The board of directors is charged with the responsibility of governing the corporation on behalf of the investors.

Nominations Each year, at the annual shareholder meeting, shareholders are afforded the opportunity to vote on incoming directors to the board. 1. Those nominated will include successful 51 Chapter 4: Board of Directors recommendations from the executive, the board, the shareholders, and outside stakeholders. 1 Flow of Information in Board Elections Incumbent Directors Activity within the Board Nominations New Nominees Evaluation List of Nominees (with all relevant information needed for voting) Voting The process for electing members of the board involves a flow of information both into and out of the incumbent board.

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