Powers of Directors and Corporate Officers

Just like shareholders, directors and officers ofdepending on the size of the corporation and how
corporations have certain powers as well. Thesemany officers exist.
powers allow the board to run the corporationWhen delegating power, the board can delegate to
effectively and delegate authority when necessary.one of a variety of committees, the officers of the
The powers also allow the board to expand the profitscompany, as well as the agents of the company.
of the corporation and generally prevent it from beingCommittees are just like any other committees. They
driven into the ground.may be composed of members of the board or of
First of all, the powers given to a director vary basedofficers and board members. Officers are those
on what statute was used to incorporate theC-level people like the chief executive officer, chief
corporation. The Delaware statute regardingfinancial officer, and any other officers that the
corporations is rather vague and doesn't list manycompany may have in place. These individuals are
specific rules or guidelines. If the corporation was notselected by the board and remain under the board's
incorporated according to Delaware's rules, then it iscontrol.
most likely that it was incorporated under a statuteAgents are individuals or companies who are asked to
that is modeled after the model code for corporationsdo something for the company. A common agent of a
put out by the American Law Institute, or ALI. Ascompany is an external auditor whose services are
roughly 90% of corporations are incorporated underenlisted to go over the books or work on taxes.
Delaware's rules, most corporations have very vagueWhenever the board delegates power or authority, it is
rules about their directors' powers.important to remember that the board cannot
The first power that lies with the board of directors iscompletely give up its right to that power or authority.
the complete power of management. This means thatThe board also cannot delegate, by statute, the
the board has the power to do anything andinitiation or proposal of a fundamental transaction. It is
everything in the realm of managing the company. Thisalso not possible to delegate amendment of the
gives the power to enact policies either "by" or "underarticles of incorporation or the corporation's by-laws.
the direction of" the board. The board is able toOverall, the board has a wide range of power under
delegate authority or operate on a day to day basis,its complete authority to "manage" the company.