SEC: Bestyrelser skal ikke frygte ansvarssager fra os. Men vær opmærksom på disse tre forhold
SEC-kommissær præciserer sit syn på bestyrelsesmedlemmers ansvar i denne tale: “As an SEC Commissioner, I am also aware of the concern directors may have that the SEC could second-guess their judgement and bring an enforcement action against them. While I do not profess to be in your shoes, I can appreciate why you may have this concern; however, the reality is far different. From my own experience, and based on discussions with our staff, it appears that the SEC has rarely brought cases against directors—particularly outside directors—for failing to fulfill their responsibilities as corporate fiduciaries. Indeed, these matters are so infrequent that the agency does not currently maintain statistics on cases that are brought against directors. On those occasions when the SEC has brought actions against directors, the matters typically involve directors who either have taken affirmative steps to participate in fraudulent misconduct or have otherwise enabled fraudulent misconduct to occur by unreasonably turning a blind eye to obvious “red flags” of misconduct. The rarity of these matters reflects that most directors are dedicated to doing a good job.”
