322.Subsection (2) of that section makes it clear that the duties are enforceable in the same way as any other fiduciary duty owed to a company by its directors (except for the duty to exercise reasonable care, skill and diligence, which is not considered to be a fiduciary duty). In the case of fiduciary duties the consequences of breach may include:
damages or compensation where the company has suffered loss;
restoration of the company’s property;
an account of profits made by the director; and
rescission of a contract where the director failed to disclose an interest.
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