Directors Should Have More Power Than the Shareholders

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Directors should have more powers than shareholders There’s a famous saying of Peter F. Drucker, “Whenever you see a successful business, someone once made a courageous decision.” That’s what a company director does- making courageous decisions for the betterment of the business, which ultimately results in shareholder wealth maximization. The recent issue regarding giving shareholders more power has divided scholars into two parts- shareholder primacists and director primacists. The article entitled ‘Empowerment of Shareholders under the Companies Act’, written by Mr. K. M. Shazzad Mohashin (Lecturer in Law at Jahangirnagar University), has been written in support of the ‘Shareholder primacy’. Here, as a business student, I am going to write in support of director primacy and show some logical arguments that support the fact that directors should have more powers than shareholders. What is Company Director? In the Companies Acts “director” includes any person occupying the position of director, by whatever name called.1 In business, a company director is an appointed or elected member of the board of directors of a company who, with other directors, has the responsibility for determining and implementing the company’s policy.2 A company director does not necessarily have to be a shareholder of the company. Directors are granted a wide range of management powers usually bestowed upon them by the company’s articles of association. Directors are also usually employees of the company. They have a duty to the company, to the shareholders as a whole, other employees and often creditors of the company. Though the law does not provide a direct duty to creditors, but under insolvency proceedings creditors’ interests are often relevant. Directors, A Requirement: To form a company, it is required to have directors. Every public company and a private company which is a
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