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View/Open - Research Commons - The University of Waikato

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considered as stakeholders based on the stakes they have put into the corporation.<br />

Shareholders provide capital, and in exchange expect the return <strong>of</strong> their investment. 60<br />

Creditors lend finances or supply goods, hoping for payment to be made on time. 61<br />

Employees contribute human capital to the company in exchange for remuneration<br />

and safe working conditions. 62 Consumers‟ interests are vested in the products <strong>of</strong> the<br />

company which they expect to be safe and to provide value for money. <strong>The</strong> local<br />

community's interests in the company would include the possibility <strong>of</strong> employment,<br />

developing the local area and ensuring that the local environment is protected. Each<br />

<strong>of</strong> these groups has a different magnitude <strong>of</strong> claims in the company, depending on<br />

the costs in producing their inputs. 63<br />

<strong>The</strong> UK incorporated into the Companies Act 2006 the duty on directors to act in<br />

good faith in a way he or she considers would likely to promote the success <strong>of</strong> the<br />

companies. <strong>The</strong> duty to promote the success <strong>of</strong> the company is translated by the Act<br />

as acts which will benefit its members as a whole. <strong>The</strong>refore, the duty under section<br />

172 <strong>of</strong> the Companies Act 2006 does not differ from the common law principle<br />

which equates the interests <strong>of</strong> company to the interests <strong>of</strong> shareholders.<br />

<strong>The</strong> section also includes the need for directors to have regard to other factors listed<br />

in the section; the employees, suppliers, customers, environment and others. 64 It is<br />

60 Hill and Jones ibid.<br />

61 Ibid.<br />

62 Ibid.<br />

63 Ibid.<br />

64 Section 172(1) <strong>of</strong> the UK Companies Act 2006 provides “A director <strong>of</strong> a company must act in the<br />

way he considers, in good faith, would be most likely to promote the success <strong>of</strong> the company for the<br />

benefit <strong>of</strong> its members as a whole, and in doing so have regard (amongst other matters) to:<br />

(a) the likely consequences <strong>of</strong> any decision in the long term;<br />

(b) the interests <strong>of</strong> the company‟s employees;<br />

(c) the need to foster the company‟s business relationships with suppliers, customers and others;<br />

130

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