What is the position of a promoter?


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  1. Promoters are not the agent of the company.
  2. Promoters are not the trustees of the company.
  3. Promoters stand in a fiduciary relationship with the company and to its shareholders.
  4. Promoter should not make an affair or unreasonable use of his position.

In the words of lords Cairns, the promoter of a company stands undoubtedly in a fiduciary relationship. They have in their hand the creation, and molding of a company. they have the power of defining how and when and in what shape and under what supervision, it shall start into existence and begins to act as a trading corporation.


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