Abstract:
This paper provides some observations and comments on two key aspects of directorial criminal liability for lapses in governance – the directors’ duty of care and the liability for lapses in corporate disclosure obligations. Select issues discussed include the rising standards expected of directors and the impact of this on the directors’ performance of their role; criminal liability for negligence; the interaction between liability for negligence and liability for lapses in disclosure obligations; and liability for failure to comply with corporate disclosure requirements itself.