Law change on directors' interests.
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New UK legislation governing directors' conflicts of interest comes into force on October 1. Every director must comply with three new statutory duties and with a separate obligation relating to conflicts of interest between a director and the company.
To comply, publicly owned companies must amend their articles of association to allow the non-conflicted directors to authorise a particular director's conflict. Private companies can make similar constitutional amendments, but will also comply if most shareholders pass a resolution authorising the independent directors to approve the conflict of interest, according to law firm Dundas & Wilson.
"There are countless potential situations in which directors may encounter conflicts of interest, so this legislation has real challenges," said Shan Shori, head of corporate know-how at Dundas & Wilson. But he added that the law could be good news for well-governed organisations. "Businesses will be able to avoid the time-consuming and inconvenient process of getting shareholder consent for conflicts of interest, so those that make the necessary changes now may actually find it to their advantage."
Directors who hold positions...
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