Liability protection prohibition: companies cannot exempt officers or auditors, but may indemnify for successful legal defence. Any provision in a company's articles, agreements or other instruments that exempts an officer or a person employed by the company as auditor from liability for negligence, default, misfeasance, breach of duty or breach of trust in relation to the company is void; however, a company may indemnify such officer or auditor against liabilities incurred in defending proceedings if judgment is given in their favour, they are acquitted or discharged, or in connection with a court application under section 633 granting relief.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Liability protection prohibition: companies cannot exempt officers or auditors, but may indemnify for successful legal defence.
Any provision in a company's articles, agreements or other instruments that exempts an officer or a person employed by the company as auditor from liability for negligence, default, misfeasance, breach of duty or breach of trust in relation to the company is void; however, a company may indemnify such officer or auditor against liabilities incurred in defending proceedings if judgment is given in their favour, they are acquitted or discharged, or in connection with a court application under section 633 granting relief.
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