Mandatory Climate related financial disclosures based upon precises of extracts from The Department for Business, Energy & Industrial Strategy document dated October 2021 entitled Consultation response: Mandatory climate-related financial disclosures by publicly quoted companies, large private companies, and LLPs Context From 24th March to 5th May 2021, the Department for Business, Energy and Industrial Strategy… Read more »
2022 Leaders and Directors Corporate Governance Ideas & Codes This is a round up and signposting of globally recognised reference sources of good corporate governance and ideas, to improve or expand your corporate governance practices. Each section consists of the heading, an explanatory introduction and a link, which is also the heading, to a pdf… Read more »
1) Define The Team Purpose People naturally want to do well, both for themselves and others. Make this as easy as possible for them. Explain to them what the team’s purpose is and why it is worth doing well. This should not be about making more sales or profits for the company. It should be… Read more »
Strategic Report s172 Duty CA2006 Large companies must explain, in their Strategic Reports, how their directors have fulfilled their section 172, Companies Act 2006 duty to promote the success if the company. Compliance is proving challenging for many board directors. “How” is much more difficult to explain than “if”. A simple “Yes” would not satisfy… Read more »
The Public Sector Borrowing Requirement is calculated using Cash Accounting, which fails to differentiate between one off cash generation and cash from recurring cash generation. It is the Annual Government deficit and was definitely being significantly reduced pre-Covid. But perhaps not as fast as the official figures suggested. The UK Government uses cash accounting, which… Read more »
Introduction These are difficult times, most staff are feeling isolated from their friends, family and their workplace colleagues. They miss their colleagues, the workplace banter and the normally constant reassurance as to their fit and importance to the organisation. They are feeling anxious about their future, both health-wise and job-wise. It is of paramount importance… Read more »
Legally, according to the CA2006, NEDs and Executive Directors have exactly the same powers and duties. This is because the CA2006 defines a director as anyone fulfilling the role of a director, howsoever named. This broad definition is why Shadow Directors and De Facto Directors are classified as directors and hence in the event of… Read more »
Board Directors must by law participate fully in Board discussions. You have to “exercise Independent Judgement” under s173 of the CA2006 (Companies Act). You must also “exercise Reasonable Care, Skill and Diligence”, under s174 of the CA2006. You can only fulfil your S173 and s174 duties, if you pay proper attention to the subject being… Read more »
If a company is deemed to be Wrongfully Trading and goes into administration or liquidation, the directors would incur personal liabilities. Even where dishonesty is not involved. Wrongful Trading is placing orders with no reasonable expectation of being able to pay for them when the bills fall due. This also applies to taking customers deposits… Read more »
The 20 day Moratorium process under the 2020 Corporate Insolvency and Governance Act, CIGA 2020, protects the company from new legal recovery actions by creditors. It can easily be extended for an extra 20 days. It leaves the board in control, subject to an independent Monitor. Previously such protection required passing control to an administrator… Read more »
