Diligence Obligations Of Directors

Diligence obligations, also known as obligation or duty of good management, is the company responsible person must be diligent,dutifully perform their duties. How to effectively perform due diligence obligations of company directors is an important proposition and universal problem.Try this article from our "Company Law" in the first paragraph of Article V provides that "the companies engaged in business activities, must take social responsibility" as the starting point of due diligence obligations of directors and corporate social responsibility and its associates, directors diligence obligations of the status quo, attributed to strengthening the due diligence obligation initial ideas, which improve the existing Companies Act in the legislative obligations on due diligence, combined with the principle of corporate social responsibility, to guide the directors diligence obligations and establish full responsibility for the company to establish a good idea to enhance the competitiveness of the company's software, and promote the company healthy, stable and sustainable development. Addition to the introduction and conclusion, the body of a total of five parts, the main contents are as follows:The first part introduces the need for corporate social responsibility and the obligation of diligence review of the literature. In this section, the first aspect, the author of world economic integration under the company's international development trends and the existence of the company a brief analysis of the negative issues. On the other hand, the author of some domestic experts and scholars in the view of directors to sort out due diligence obligations. Accordingly, I agree companies should view social responsibility, and that the company is necessary to actively committed to social responsibility.The second part focuses on corporate social responsibility. The author is based on the perspective of corporate social responsibility to discuss the due diligence obligations of directors, therefore, the author focuses on the part of corporate social responsibility. From the theoretical foundation of corporate social responsibility, social responsibility, meaning, of "Company Law" in the provisions of social responsibility, corporate social responsibility definition, we discussed the importance of corporate social responsibility.Proposed directors and other executives should recognize that: social responsibility related to the sustainable development of the company, directors should fulfill their duties diligently to fulfill the corresponding obligation of view. The third part discusses the director's diligence obligations. This section, the author's relationship with the company from the directors, the content diligence obligations, due diligence obligations and the difference between duty of loyalty, diligence obligations of the function of the criteria for determining due diligence obligations, obligations of the Company Law the shortcomings in the due diligence and make up, etc., the moresystematic exposition of the concept of due diligence obligations and discrimination, as well as the performance of its problems, demonstrated the importance of directors diligence obligations. Criteria for its diligence obligations to fulfill, the author refers to a positive and negative obligations on directors responsibilities diligently typical example, found a violation of due diligence obligations based on the complexity of responsibility, combined with our diligence obligations of company law is too simple requirements are from the legislative amendment or judicial interpretation of the relevant provisions of Companies Act, or learn to perform due diligence obligations in favor of the legal system.The fourth part of the due diligence obligations. This section, the author based on social responsibility for the content and duties of directors to elaborate due diligence obligations. Made reference, "the Shenzhen Stock Exchange guidelines on corporate social responsibility" in the social responsibility of listed companies, the content attributed to the practice of corporate social responsibility; decision-making functions of the directors and the supervisory functions of the main features in the performance of duty of care to maintain profit goals and the balance between social responsibility goals.Conscientiously fulfill the obligations under Part V of diligence positive sense of social responsibility. This section, the author discussed in the previous proposed based on the company's directors and other executives, in a very competitive, we must establish the concept of the advanced view of corporate responsibility. But also to recognize that social responsibility and the development of the company's profit is not in contradiction, not taking into account other views. At the same time that the director of due diligence obligations and protect the effective implementation of corporate social responsibility is essential to actively, and it will determine the software to enhance the competitiveness of the company determines the company's future.