The Board of Directors - The Guardian of Investers' Interests

With the transition of family and government owned,Members of the board can be owners, managers, or
businesses into the public ownership, awareness in theany other individual elected by the owners of the
roles and responsibilities of Board of Directors (BoD),business entity. Owners and/or managers of the board
as the guardian of investors' interest, become ratherare known as 'inside' or 'interested' directors. Managers
critical to the average investor who would wonderare referred to as executive directors whilst members
who appoint board members, what they do and whatof the board who are neither owners, nor managers
power they have to protect the interest of theare referred to as outside, independent, or
company.non-executive directors.
Whilst the term of 'boards of directors' often relates toThe role and responsibilities of BOD depend on the
boards of business entities actively trading on publicnature and type of business entity as well as the
markets, private and closely held businesses, includinggoverning laws. There are numerous types of
family businesses, also have boards of their own.business entities available throughout the world such as
A BOD is a body of appointed or elected individualsa corporation, limited liability company, business trust,
who direct the activities of a company. It sometimespartnership, private limited company, and public limited
referred to as board of trustees, board of governors,company.
board of managers, executive board, or simply "theThe appointment and removal of board members is
board." The BOD's main activities are determined byvoted upon by the shareholders in general meetings.
the powers, duties, and responsibilities delegated to itDirectors may resign from the board on their own
by the shareholders, as detailed in the company'saccord, or may be removed by a resolution of the
bylaws which in turns specify the number of boardremaining directors. In certain circumstances, the board
members, how to be chosen, and when they meet.of directors can appoint directors to fill vacancies as
In the case of a professional society with votingwell.
members, the board reports to and acts on behalf ofThe removal of a director by a General Meeting
the organization full assembly, which usually select itsresolution can be in practice rather difficult, particularly
board members. In a publically-traded company, theas a number of legal systems grant the director a right
board is elected by the stockholders, and is in theto receive special notice of any resolution to remove
highest authority in the management of the company.him, and is entitled to a hearing by the General Meeting.
In organizations, such as universities, where there is noIn addition, the contract of service entitles the director
general voting membership the board is the supremefor compensation when removed. This often acts as a
governing body of the institution.deterrent.
The BOD main duties include governing theThe BOD usually exercises its powers during its
organization by set up broad policies and objectives;regular meetings. In preparation to such meetings, most
choosing, appointing, supporting and reviewing thelegal systems dictate that enough notice has to be
performance of the chief executive; making sure thegranted to all of the directors in these meetings, and a
availability of adequate financial funds; approving annualquorum must be present prior to any business can
budgets; accounting to the stakeholders for theconducted. Although a board meeting may take place
organization's performance. The boards' legalwithout prior notice as long as all of its board members
responsibilities may vary depending on the nature ofparticipate, the meeting's resolutions may be negated
the organization and on the jurisdiction within which itas not sufficient notice was given. The persuasive
operates. For public companies, these responsibilitiesrhetoric of minority members of the board might have
are much more complex and stringent than otherinfluenced the majority to vote otherwise.
types.The members of the BOD usually run the business for
The BOD is made out of a group of people selectedthe benefit of its shareholders and exercise control
by the owners of a company, who have the power ofand management over the company. The law often
decision-making, voting authority, and specificenforces stringent obligations on directors in relation to
responsibilities which is different from the authority andthe exercise of their duties and responsibilities. The
responsibilities of owners and managers of theduties placed upon the members of BOD are solely
business entity. The BOD would typically select one ofbased on trust. In most laws, the powers of the board
its members to chair the board of directors, traditionallyare granted to the board as a whole, and not in the
referred to as chairman.individual members.