Rules Of Corporate Opportunity

Globalization of the market economy, an important role in the company actor, the company's rise and fall of a country directly and global economic development. A company to survive development, access to business information is the key, it was said that modern commercial warfare in a certain sense, is information warfare, to obtain a commercial information is a business opportunity, the company can be profitable. Belonging to the company's business opportunity is the chance the company described in this article. At present, the company recognized the opportunity the standard rules on the subject, define the concept of corporate opportunity, corporate opportunities and other exceptions to the rule requirements in respect of shortages. By expanding the scope should be the main,(?)ear concept of the company the opportunity to increase the company a reasonable opportunity to rules and other measures to improve utilization.The first part is an overview of corporate opportunity rule, first introduced the domestic and foreign scholars on the definition of corporate opportunity, and the rules of the company the opportunity to define and theoretical basis for a detailed description, the article clearly the object of study-corporate opportunity rule. The system produced in Britain and the U.S., originated in the United States in 1900 Lagarde v.Anniston Lime & Stone Co case of the case, the case established the company the opportunity to determine the rules of the "vested interests or the interests of the standard expected." By comparison of related concepts, the company the opportunity to further the meaning and non-competition, trade secrets and other similar notions of separate, in order to illustrate the need for corporate opportunity rule exists. Then, to further explore the usurpation of corporate opportunity against theoretical basis for the obligation, namely, managing director duty of loyalty.The second part describes the opportunities for foreign companies, the rules of judicial practice and theory of community case studies, the history of Anglo-Saxon countries on important cases were analyzed and compared, summed up the experience abroad. Introduces Lagarde V. Anniston Lime & Stone Co. Case, Guth V. Loft Inc. Case, Durfeev. Durfee & canningInc case, Miller v.Miller case, and several other cases and these cases to their domestic and foreign companies have opportunities to practice the rules effects. And introduced the "abuse", "double standards" and other important results of theoretical studies abroad. This chapter earlier opportunities for foreign companies rules described and analyzed, the authors argue that the Managing Director to determine whether the usurpation of corporate opportunity of the standard there are many, each with advantages and disadvantages, opportunities for our company in improving the system should be our choice, critical reference.The third part points out the rules of corporate opportunity situation and problems. China's "Company Law" one hundred and forty ninth system provides the company the opportunity to fill the blank of China Company Law, the success with international practice. However, the provisions of a little simple, making the operation appear in the real inconvenience. This section first describes the rules of corporate opportunity development process, summarizes the opportunities for our company in the development of sound rules of practice, experience and achievements. Specified that the rules of the company there are several drawbacks opportunity:the concept of fuzzy corporate opportunity, the main obligations of corporate opportunity rules too little, unscientific, and so the exception provisions. The existence of these problems affect the "Company Law" the seriousness and feasibility, managing director who makes his actions can not make a valid legal consequences of the forecast, the judge can not make the same case the same judge, resulting in enforcement difficult.The fourth part is the improvement of corporate opportunity rule. This chapter is a key section of the article, after the preparation and analysis of the foregoing, that part made the following recommendations:to increase opportunities for the main types of company, the directors and senior executives on the basis of two main controlling shareholders and board members put into the specification range; clear the content companies the opportunity to further determine what is the company the opportunity, the opportunity should be the source and from the company and the company operates in the angle of the relevance of the opportunity to define the content company; increase the opportunities for reasonable use of the company situation, a reasonable case, including "company financial can not "," the company agreed to use the "use" the company abandoned the company the opportunity ", etc.; improve the company classified as right system, right through the development of the rational use of classified procedures and requirements included in the exercise of the right term to protect the Company and the Managing Director of legal rights.