Section 143 of The Companies Act No. 17 of 2015: Duty of director to promote the success of the company

    

(1) A director of a company shall act in the way in which the director considers, in good faith, would promote the success of the company for the benefit of its members as a whole, and in so doing the director shall have regard to— (a) the long term consequences of any decision of the directors;
(b) the interests of the employees of the company;
(c) the need to foster the company's business relationships with suppliers, customers and others;
(d) the impact of the operations of the company on the community and the environment;
(e) the desirability of the company to maintain a reputation for high standards of business conduct; and
(f) the need to act fairly as between the directors and the members of the company.
(2) If, or to the extent that, the purposes of the company consist of or include purposes other than the benefit of its members, subsection (1) has effect as if the reference to promoting the success of the company for the benefit of its members were to achieving those purposes.
(3) The duty imposed by this section has effect subject to any law requiring directors, in certain circumstances, to consider or act in the interests of creditors of the company.


Disclaimer: This document is not to be taken as legal advise.

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