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On Usurping Corporation’s Opportunity

Author: LiFangLin
Tutor: ZhuCiYun
School: Tsinghua University
Course: Legal
Keywords: Corporate Opportunities Usurpation of corporate opportunity Duty of loyalty Disgorgement
CLC: D912.29
Type: Master's thesis
Year: 2005
Downloads: 278
Quote: 4
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Abstract

With China's rapid development of economy and society continue to enter the market economy, we have come to realize the importance of business opportunities . Obtain a significant business opportunity can make a small unknown company overnight, all-powerful , and lose an opportunity like this can also make a big influential company into precarious. As business opportunity is so important for the company , and our existing company law and for various reasons did not regulate this area , so a large number of real-life cases of usurpation of corporate opportunity is denied because of lack of this law a good solution , so I think it is necessary to conduct in-depth understanding of the system , thus further discuss the necessity of introducing this system . Anglo-American system of corporate opportunity is an important case law regime . The so-called corporate opportunity , refers to the directors and senior management in the course of carrying out their duties and the obligation to obtain a disclosure to the company , and the company 's business activities are closely related to various business opportunities. The obligation not to usurp corporate opportunities , refers to directors and senior management personnel shall not use their position in the company 's convenience belonging to the outcome of the company's business opportunities and profit from their use of the obligation . The basis of the system that is used as one of the basic obligations of directors duty of loyalty . Of course, as the company's senior management staff of the company is also in the legal duty to refrain from usurping corporate opportunities duty of loyalty , despite China's current \This point for a detailed analysis of this paper . In this paper, on the basis of access to large amounts of data , the use of comparative law research methods , through the concept of corporate opportunity institution , subject, historical development , usurping corporate opportunities for the identification of standards and recognized exceptions to the usurpation of corporate opportunity and relief from liability analysis of such issues , and ultimately gives the introduction of this system on China's proposal . The purpose of this writing is that trying to push the \

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