The judgement over the degree of diligence used by the director in the accomplishment of his/her mandate, may not concern management choices, methods and circumstances, even if such choices may expose the company to significant risks.
Indeed, the judgement may only concern the diligence and care used by the director in analyzing – ex-ante – the risks related to the business transaction to be carried out in the name and on behalf of the company. Therefore, exclusively the lack of the required accuracy, evaluations and information that are normally required for similar choices made in the same circumstances and in the same manner may lead to the directors’ liability.
For more information on such decision, please refer to the following link.
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