Directors or officers can be held responsible for actual or alleged wrongful acts, errors or omissions, including negligent advice, mis-statement or improper disclosure. Further risks arise during mergers, acquisitions or takeovers and any error during this process could leave them exposed to legal actions from a number of sources.
The liability of directors and officers may be unlimited, whereas a company's liability could well be limited. Directors and senior officers may be sued in their personal capacity whilst acting on behalf of the company and their defence may have to be funded personally. Uninsured directors and officers therefore face the possibility of personal bankruptcy.
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