In our last blog we talked about collective accountability
and the difficulty boards have recognizing it. In a past opinion, the
Chancellery (corporations) Court of Delaware has found that boards have a
“higher accountability” as the organization approaches a high risk zone,
e.g., the “zone of insolvency,” (i.e., is getting dangerously close to
insolvency). I would slightly modify the court’s choice of words only to
point out that it is not it’s accountability, per se, that changes, since it
has always had the accountability, (which doesn’t change), but it’s duty and responsibility of
heightened attentiveness and rigor of caution to what monitoring is
revealing and the board's duty for action.
(Originally posted on our website 1/7/13)
RMB
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