Study On Company Executives Diligence Obligations

The increasingly rapid development of the market economy has brought the complexity of the business environment has become increasingly evident. In order to protect fully the orderly business environment, we must continue to improve the relevant legislation. However, in our country,The exploration and research of Law began in the 1990s, has been relatively more mature foreign legislative models and experiences, the legislative status of our country is very weak, insufficiently to support the rapid development of China’s current economic situation. Because of diversification and professional is growing of business model, making the company’s operating and management needs more high-quality professional team. More and more the senior management want to participate in the major business decisions of the company, which resulted in not only the Board of Directors to strictly regulate their own behavior and commercial, regulatory responsibilities and obligations of the other senior executives should also be strengthened. Duty of loyalty for the company executives abuse of power for personal gain, but diligence obligations for the company executives do not care about the company’s affairs and lazy to use power. When company executives or shareholders of the company are no longer satisfied with passive "loyalty." When the duty of loyalty that executives can not fully regulate behavior, diligence obligations is gaining more and more attention.However, the study found that our legislation on company executives diligence obligations very rough. Neither the specific concepts related to the diligence obligations, there is no mention of the criteria of the diligence obligations and liability.Therefore,this article starting with diligence obligations inherent meaning, analyzed the difference between the diligence obligations and duty of loyalty and it’s arising theoretical foundation. Investigated the advanced experience in some typical countries, analyzed the relevant provisions of current national legislation, aimed at clarifying the shortcomings in the legislation.