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Research on Supervision and Restriction System Against Directors Performing Their Functions and Powers

Author: ZuoLi
Tutor: MangFuLai
School: Inner Mongolia University
Course: Civil and Commercial Law
Keywords: Director Exercise of Powers Board of Supervisors Shareholder Creditor Supervision and control
CLC: D912.29
Type: Master's thesis
Year: 2004
Downloads: 66
Quote: 0
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Abstract

Modern corporate governance structure , shareholders at the beginning of the center of power has been set up by the company system will transition to the Board of Directors, the pursuit of operational efficiency , rationalization , specialization requirements . However , the weakening of the powers of the shareholders 'meeting , the the established core position of the Board of Directors and directors' powers to expand also means that the company, its shareholders and creditors suffer directors the authority to an increased risk of abuse cause damage to their legitimate rights and interests . Therefore , legitimate and effective checks and balances of the directors the authority to become inevitable in the company but an important issue to be solved . In China , the general meeting of shareholders of the Company mere formality , the Board of Supervisors useless , directors obligations set is not comprehensive enough , and the scarcity of civil remedies for breach of directors' duties , effective checks and balances of the company authorities did not really established. This article is based on China's national conditions and practice of corporate governance , drawing on the successful experience of the world's major countries and regions of directors and the board 's internal monitoring system is proposed to improve the supervisory board, shareholders , creditors internal supervision and control of the exercise of the powers of directors and a sound civil breach of directors' duties certain legal remedies suggested , in order to establish a sound director of the checks and balances of power .

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