21 May SHOULD COMPANY DIRECTORS HAVE A DUTY TO THEIR COMPANY TO ENSURE THAT THEY AVOID PAYING TAX?
Should company directors have a duty to their company to ensure that they avoid paying tax?
Critically evaluate the above statement
Guidance
• This question requires an analysis of the legal obligations on company directors imposed through directors’ duties.
• The question refers explicitly to the issue of tax avoidance and is prompted by recent controversies reported in the UK regarding the multi-national firms such as Amazon and Starbucks, using the corporate form to avoid paying in higher tax countries.
• Students should focus on critical aspects of directors’ duties, such as who the duties are owed to and who can sue for a breach of duty.
• In addition, students should consider underlying theories of corporate governance that relate to the issues, in particular stakeholder theory and the classical Anglo/American shareholder primacy model.
• Students may also consider the introduction into the UK of S.172 Companies Act 2006 and how the concept of enlightened shareholder value interacts with the issues raised by the question.
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