미국법상 은행이사의 신인의무(fiduciary duty)에 관한 연구
Fiduciary Duty of Bank Director in the United States
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A director owes a fiduciary duty to the corporation. In performing his or her duties, a director must act in the best interests of the corporation as well as reasonable care. Bank director is held to even higher standards of fiduciary duty than a director at non-bank firms because not only he or she is obliged to safeguard depositors' money but also bank is different from that of non-bank firm for several reasons. For one, the number of parties with a stake in a bank activity complicates the governance of that. In addition to shareholders, depositors and regulators have a direct interest in bank business. Therefore, for over a century, the United States courts have imposed duty to monitor loan portfolio, duty to be informed about Bank's affairs, duty to supervise management, duty to investigate bank business on a bank director. Introducing the cases, the authors suggest the South Korea Courts to import the higher standards of a bank director's duties.
Abstract
A director owes a fiduciary duty to the corporation. In performing his or her duties, a director must act in the best interests of the corporation as well as reasonable care. Bank director is held to even higher standards of fiduciary duty than a director at non-bank firms because not only he or she is obliged to safeguard depositors' money but also bank is different from that of non-bank firm for several reasons. For one, the number of parties with a stake in a bank activity complicates the governance of that. In addition to shareholders, depositors and regulators have a direct interest in bank business. Therefore, for over a century, the United States courts have imposed duty to monitor loan portfolio, duty to be informed about Bank's affairs, duty to supervise management, duty to investigate bank business on a bank director. Introducing the cases, the authors suggest the South Korea Courts to import the higher standards of a bank director's duties.
참고문헌 (14)
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