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Limited liability protects shareholders, directors, officers and employees against personal liability for actions taken in the name of the corporation and corporate debts. Ordinarily, an officer of the corporation, whether also a shareholder, director or employee, cannot be held personally liable.

Liability Issues for Officers and DirectorsBreach their duty of care to the corporation.Breach their duty of loyalty to the corporation.Misappropriate a corporate asset for personal use or use by another business.Commingle personal and business assets.Fail to disclose potential or actual conflicts of interest.

As indicated above, directors and officers generally owe fiduciary duties to the corporation and its shareholders. However, when the corporation becomes insolvent, fiduciary duties are also owed to the creditors.

A director who breaches their fiduciary duty to the company may face personal liability for any loss that the company suffers as a result of the breach. A director may face personal liability if it is not clear to other parties that he or she is acting in their capacity as a director of the company.

Typically, a corporate officer isn't held personally liable, as long as his or her actions fall within the scope of their position and the parameters of the law. An officer of a corporation may serve on the board of directors or fulfill a managerial role. A corporate officer may also be: A shareholder.

Board members can be sued for their individual actions, such as if they personally and directly injure someone, guarantee a loan on which the nonprofit defaults, do something intentionally illegal or mix the nonprofit's funds with their personal funds.

The directors are generally responsible for the management of the company and they may exercise all the powers of the company. However, the extent of their authority may be constrained by the Companies Act 2006 and the articles of association.

A director can be personally liable when they have agreed to personally guarantee or otherwise secure the financial obligations of a company. These are often requested by banks to give a bank maximum protection for any loan taken out by the company.

A corporate director is subject to liability when he fails to implement an information system or if while implementing this control, the director fails to oversee its operations. Directors should implement compliance and monitoring programs within the business, and oversee the programs for possible law violations.

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West Virginia Checklist for Potential Director and Officer Liability Issues

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Are directors and officers personally liable?

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