Part 10A company's directors

Chapter 2General duties of directors

The general duties

176Duty not to accept benefits from third parties

(1)

A director of a company must not accept a benefit from a third party conferred by reason ofโ€”

(a)

his being a director, or

(b)

his doing (or not doing) anything as director.

(2)

A โ€œthird partyโ€ means a person other than the company, an associated body corporate or a person acting on behalf of the company or an associated body corporate.

(3)

Benefits received by a director from a person by whom his services (as a director or otherwise) are provided to the company are not regarded as conferred by a third party.

(4)

This duty is not infringed if the acceptance of the benefit cannot reasonably be regarded as likely to give rise to a conflict of interest.

(5)

Any reference in this section to a conflict of interest includes a conflict of interest and duty and a conflict of duties.