Neese, trustee in bankruptcy for First Trust Company, brings a suit against the directors of the company
Question:
Neese, trustee in bankruptcy for First Trust Company, brings a suit against the directors of the company for losses the company sustained as a result of the directors’ failure to use due care and diligence in the discharge of their duties.
The specific acts of negligence alleged are
(a) failure to give as much time and attention to the affairs of the company as its business interests required;
(b) abdication of their control of the corporation by turning the entire management of the corporation over to its president, Brown;
(c) failure to keep informed as to the affairs, condition, and management of the corporation;
(d) failure to take action to direct or control the corporation’s affairs;
(e) permission of large, open, unsecured loans to affiliated but financially unsound companies that were owned and controlled by Brown;
(f) failure to examine financial reports that would have shown illegal diversions and waste of the corporation’s funds; and (g) failure to supervise properly the corporation’s officers and directors. Explain which, if any, of these allegations can constitute a breach of the duty of diligence.
Step by Step Answer:
Essentials Of Business Law And The Legal Environment
ISBN: 9781337555180
13th Edition
Authors: Richard A Mann, Barry S Roberts