Koncernchefens: Rättsliga ställning och interna skadeståndsansvar
Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
At first glance, the group CEO's (koncernchefens) legal position looks easy. It is the CEO’s responsibility to lead and make decisions on matters which affect the entire group, all while defending the company’s best interests. However, when one looks closely at how the Companies Act (Aktiebolagslagen) regulates how a company should organize itself, as well as the options available to manage the group, one rea-lizes that simply appointing a group CEO does not necessarily make the company compatible with the Companies Act. A group CEO threatens to reduce both the Board and CEO's legal administrative districts which are not in accordance with legal and commercial principles.In order to introduce a group CEO it requires a detailed investigation of the group's legal relationships. Through investigation, the companies can clarify what is included in the subsidiaries’ executives' legal management area, in order to align the group CEO's powers—eliminating the threat to restrict the jurisdiction of the various group companies' Board of Directors and CEO. The group CEO could potentially take advantage of his or her position and use his or her power to damage one of the subsidiaries. Since the group CEO is not mentioned in the Companies Act, Chapter 29, as one of the responsible parties, the group CEO is not, at least not directly, sub-ject to damages based on the Companies Act, tort law.A potential solution to this is to apply the Commercial Code (Handelsbalkens) 18th chapter and its rules of tort law, which states that the group CEO would take a trus-teeship (sysslomannaställning) with one of the Group companies. This paper/essay presents and analyzes various ways a CEO can exercise the power to represent sever-al group companies and the grounds upon which the group CEO can be held liable for his or her actions.
Place, publisher, year, edition, pages
2011. , 40 p.
Group CEO, liability, company law
Koncernchef, internt skadeståndsansvar, bolagsrätt
Law (excluding Law and Society)
IdentifiersURN: urn:nbn:se:hj:diva-15074OAI: oai:DiVA.org:hj-15074DiVA: diva2:418860
UppsokSocial and Behavioural Science, Law