| Although the company has a corporate personality,it cannot actually operate the company with the company’s will.Hyundai Company appoints directors and senior executives as the actual executors of the company,representing the company as a legal act.The company appoints directors to be responsible for the company’s operations.It is inevitable that the directors can seek the best interests of the company.Based on this expectation,when there is an opportunity for the company’s operation.In principle,in principle,directors should not take advantage of opportunities for their own interests and hinder the development of the company.Otherwise,they will violate the loyalty obligations and be responsible for the company.This is the rule of the United States and the United States that prohibits the usurpation of company opportunities.The doctrine of corporate opportunity and non-competition prohibition and prohibition of the two parties’ agents are the three major loyalty obligations of the company’s directors.Although the company law of China introduced the concept of corporate opportunity in the revision in 2005,it has not yet defined the legal requirements or interpretations of a series of specific operational procedures such as the criteria for the identification of the corporate opportunity,legal effects,remedies,and defenses.There are still omissions in the doctrine of corporate opportunity behavior of executives and even supervisors.This article will introduce the main meaning of the rule from the development history and basic concepts of the doctrine of corporate opportunity,and analyzes the actual operation process of the rule through a series of precedents and evaluations to promote the public’s further understanding of the rules prohibiting the usurpation of the company.Then I will put forward suggestions for improving the current company lawin order to better safeguard the company’s interests and protect the balance of social and economic development. |
