Question Tag: Fiduciary Duties

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BL – Nov 2023 – L1 – SA – Q19 – Law of Trusts

This question asks about the person who benefits from property held in a trust.

Trust is a relationship in which a person is appointed to hold property for the benefit of another called
A. Inquisitor
B. Administrator General
C. Executor
D. Administrator
E. Beneficiary

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BL – May 2015 – L1 – SB – Q2c – Company Law

Explain the duties of a company director and the legal implications of breaching them.

Joe, a Pharmacist, is a director in Wuzup Pharmaceutical Company Limited. Last month, an investigation by police detectives revealed that Joe had been stealing drugs from the company’s store and selling them in his own private pharmacy. The board of Wuzup Pharmaceutical Company Limited was unaware that Joe owned and operated a private pharmacy.

It was also discovered that Joe had been accepting bribes from suppliers of chemicals to Wuzup Pharmaceutical Company Limited.

In view of these findings, the company has invited you to advise it on the duties of a company director.

i. State any FOUR duties of a company director. (4 Marks)
ii. Comment briefly on the legal implications of Joe’s actions in relation to his duties as a director in Wuzup Pharmaceutical Company Limited. (6 Marks)

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BCL – Mar 2023 – L1 – Q3b – Company Directors and Other Officers

Identify the qualifications, fiduciary duties, and types of a Company Secretary.

A Company Secretary is an officer of the company responsible for the recording of proceedings of both Board and General Meetings. The Company Secretary embodies the institutional memories of the organization and brings directions in the governance of the company. The Company Secretary may be an individual, a partnership, or a company.

Required:
i) Identify THREE (3) characteristics that qualify a person to be appointed as Company Secretary under the Companies Act, 2019 (Act 992).
(6 marks)

ii) State THREE (3) fiduciary duties required of a Company Secretary.
(6 marks)

iii) Explain TWO (2) types of Company Secretary.
(3 marks)

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BCL – July 2023 – L1 – Q4c – Company Directors and Other Officers

Describe the fiduciary duties of a promoter prior to the formation of a company.

Certain key persons before and after the formation of a company stand in a fiduciary relationship to the company.

Required:

Describe the promoter’s fiduciary duties prior to the formation of a company. (4 marks)

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BL – Nov 2023 – L1 – SA – Q19 – Law of Trusts

This question asks about the person who benefits from property held in a trust.

Trust is a relationship in which a person is appointed to hold property for the benefit of another called
A. Inquisitor
B. Administrator General
C. Executor
D. Administrator
E. Beneficiary

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BL – May 2015 – L1 – SB – Q2c – Company Law

Explain the duties of a company director and the legal implications of breaching them.

Joe, a Pharmacist, is a director in Wuzup Pharmaceutical Company Limited. Last month, an investigation by police detectives revealed that Joe had been stealing drugs from the company’s store and selling them in his own private pharmacy. The board of Wuzup Pharmaceutical Company Limited was unaware that Joe owned and operated a private pharmacy.

It was also discovered that Joe had been accepting bribes from suppliers of chemicals to Wuzup Pharmaceutical Company Limited.

In view of these findings, the company has invited you to advise it on the duties of a company director.

i. State any FOUR duties of a company director. (4 Marks)
ii. Comment briefly on the legal implications of Joe’s actions in relation to his duties as a director in Wuzup Pharmaceutical Company Limited. (6 Marks)

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BCL – Mar 2023 – L1 – Q3b – Company Directors and Other Officers

Identify the qualifications, fiduciary duties, and types of a Company Secretary.

A Company Secretary is an officer of the company responsible for the recording of proceedings of both Board and General Meetings. The Company Secretary embodies the institutional memories of the organization and brings directions in the governance of the company. The Company Secretary may be an individual, a partnership, or a company.

Required:
i) Identify THREE (3) characteristics that qualify a person to be appointed as Company Secretary under the Companies Act, 2019 (Act 992).
(6 marks)

ii) State THREE (3) fiduciary duties required of a Company Secretary.
(6 marks)

iii) Explain TWO (2) types of Company Secretary.
(3 marks)

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BCL – July 2023 – L1 – Q4c – Company Directors and Other Officers

Describe the fiduciary duties of a promoter prior to the formation of a company.

Certain key persons before and after the formation of a company stand in a fiduciary relationship to the company.

Required:

Describe the promoter’s fiduciary duties prior to the formation of a company. (4 marks)

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