ปัญหาเกี่ยวกับความรับผิดของกรรมการและกรรมการเงาที่บริหารจัดการบริษัท: ศึกษาเฉพาะกรณีการห้ามประกอบอาชีพกรรมการ

Abstract

Abstract in Thai unavailable

Problems Concerning the Liability of Directors and Shadow Directors as Managers of Companies: A Study of Cases of Prohibiting Careers as Directors

A company is a juristic person. As presumed by law, a company is a person. However, it is obvious that a company itself cannot act. Therefore, directors must represent companies. Therefore, directors are important individuals in a company. If directors carry out their duties dishonestly, then this can bring damages to the company, shareholders, or outsiders who have conducted transactions with the company with such a director. However, the Civil and Commercial Code, does not contain provisions prohibiting the continuing directorship of directors who are responsible for damages. There are also no provisions governing the liability of shadow directors. Existing provisions do not provide for the liability of shadow directors. Therefore, both directors and shadow directors cannot be punished by prohibiting them from continuing to serve as directors.