PRIMENA POSEBNIH DUŽNOSTI PREMA PRIVREDNOM DRUŠTVU NA RAZLIČITE VRSTE DIREKTORA

Abstract

Company directors are usually considered the most important holders of special duties towards a company. While the need to assign to them specific duties has never been contested, partially disputable is the question of the scope of application to the different types of directors. That is why the question has been posed of whether each person considered to be a director should owe duties to the company, as well as whether certain persons who in a formal legal sense are not directors should owe specific duties, provided that their competencies and influence on the management and business operations are similar to the competences that have persons formally appointed as directors. The main subject of this paper is exactly an investigation of this issue, conducted through the analysis of possible peculiarities in the application of specific duties towards a company on different types of directors. The author in the paper analyses the application of specific duties to de facto, de jure, and shadow directors, as well as on executive and non-executive directors, general director, and the chairman of the board of directors. In the final part of the paper, the author deals with the specifics of the legal regulation of executive directors in the United States law.