PUBLIC ENTERPRISES REGULATORY COMMISSION ACT

Section 45: Duty of care and skill.

1996Section 45 of 79Federal Republic of Nigeria

(1) A director shall exercise the powers and discharge the duties of his office honestly, in good faith and in the best interests of the public enterprise and shall exercise that degree of care, diligence and skill which a reasonably prudent director would exercise in comparable circumstances.
(2) Failure to take reasonable care in accordance with the provisions of subsection (2) of this section shall be a ground of action for negligence and breach of duty.
(3) A director shall be individually responsible for the actions of the board in which he participated, and the absence from the board's deliberation, unless justified, shall not relieve a director of that responsibility.
(4) Executive and non-executive directors of a public enterprise shall be subject to the same duty of care with respect to their duties to the public enterprise but an executive director may be subject to additional duties and liabilities where there is an express or implied contract indicating a master and servant relationship between the executive director and the public enterprise.

Cite this section

Section 45, PUBLIC ENTERPRISES REGULATORY COMMISSION ACT (1996).

https://repo.podus.ai/laws/public-enterprises-regulatory-commission-act/section/45/