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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 6Question 55
    Medium2 marksMultiple Choice
    Management, administration and the regulation of companiesManagement, administration and the regulation of companiesDirectors' duties

    ACCA · Question 55 · Management, administration and the regulation of companies

    Section B - Scenario 4

    HarvestYield plc is a large agricultural company. The board of directors decides to close a profitable local farm to consolidate operations in a mega-farm 100 miles away. This decision will devastate the local rural economy and cause 50 redundancies. The directors made the decision solely to increase the annual dividend for shareholders.

    Under s.172 of the Companies Act 2006, have the directors breached their duty to promote the success of the company?

    Answer options:

    A.

    No, because their only legal duty is to maximize short-term profits for shareholders.

    B.

    Potentially yes, if they failed to have regard to the impact on the community, employees, and long-term consequences.

    C.

    Yes, because it is illegal to make redundancies if a branch is profitable.

    D.

    No, because directors have absolute discretion and cannot be challenged on business decisions.

    How to approach this question

    Analyze the requirements of Section 172 (Enlightened Shareholder Value). What factors must directors consider besides shareholder profit?

    Full Answer

    B.Potentially yes, if they failed to have regard to the impact on the community, employees, and long-term consequences.✓ Correct
    Section 172 of the Companies Act 2006 codifies the duty to promote the success of the company for the benefit of its members as a whole. However, it introduces 'Enlightened Shareholder Value', requiring directors to have regard to several factors, including the long-term consequences, the interests of employees, and the impact on the community and environment. If they ignored these factors entirely to boost short-term dividends, they may be in breach.

    Common mistakes

    Believing that maximizing shareholder profit overrides all other considerations.
    Question 54All questionsQuestion 56

    Practice the full ACCA LW — Corporate and Business Law Practice Exam 6

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