Research on the Identification Standards for Chinese Directors to Usurp Corporate Opportunity

DOI

10.2991/assehr.k.211220.075How to use a DOI?

Keywords

usurp corporate opportunity; the identification standards for determining corporate opportunity; the obligations of fidelity

Abstract

After China Company Law introduced the doctrine of prohibiting usurpation of corporate opportunity, many problems appeared in the application of judicial judgments. In practice, the core of whether it constitutes the usurpation of corporate opportunity lies in the identification of the corporate opportunity. Focusing on the discussion subject of directors, combining academic viewpoints, case practices, and comparative law experience, the criteria for identifying corporate opportunity include “having interest or expectation interest”, “taking advantage of authorities” and “closely related to company business activities”. In the future, it is necessary to pass legislation to clarify the criteria for determining corporate opportunity and the reasons for defense, so as to promote the real landing of usurping corporate opportunity in judicial practice.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Zhi Zhang
PY  - 2021
DA  - 2021/12/24
TI  - Research on the Identification Standards for Chinese Directors to Usurp Corporate Opportunity
BT  - Proceedings of the 2021 4th International Conference on Humanities Education and Social Sciences (ICHESS 2021)
PB  - Atlantis Press
SP  - 432
EP  - 440
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211220.075
DO  - 10.2991/assehr.k.211220.075
ID  - Zhang2021
ER  -