n South African Law Journal - : Fiduciary duties of resigning directors : notes

Volume 126, Issue 1
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



It is a well-entrenched principle of corporate law that a director has a fiduciary duty not to make a secret profit out of his trust, and generally must not place himself in a position in which his duty and self-interest may conflict ( (1854) 2 Eq Rep 12 461; [1967] 2 AC 134 (HL); 1921AD 168; 2004 (3) SA 465 (SCA); [2003] 2 BCLC 241 (CA); MS Blackman, R D Jooste, G K Everingham, M Larkin, C H Rademeyer & J L Yeats Commentary on the Companies Act Volume 2 (2008) 8-30). This broader principle may be subdivided into two categories, namely the corporate opportunity rule and the no-profit rule.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error