An assessment of the impact of corporate governance codes and legislation on directors and officers liability insurance in South Africa
Date
2010-09-22
Authors
Carciumaru, Lucian Mihai
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Abstract
Abstract
This dissertation assesses the potential impacts of corporate governance codes and legislation on Directors and Officers (D&O) Liability Insurance. Corporate failures lead to numerous losses for stakeholders especially shareholders. Worldwide including in South Africa, this has resulted in an increase in legal liability claims against directors and thus insurers. Often these failures are ascribed to corporate governance breaches giving rise initially to corporate governance codes and more recently many countries are legislating certain aspects of corporate governance; this includes a codification of director‟s duties. South Africa, in-line with the United Kingdom, Australia and to an extent the United States has followed suit with the Companies Bill of 2008. This dissertation seeks to assess the possible effects of the codes of practice and new Companies Act on Directors‟ and Officers‟ Liability insurance. This will be done by ascertaining what impact the new Act will have on directors‟ liability using inter alia the Delphi Technique.
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Keywords
Corporate governence, Companies bill, Directors and officers liability insurance