On The Duty Of Directors Of The Company In Liquidation

The emerging of duty of director in company liquidation originates from the unhealthy phenomena of confusion order in company liquidation. If a director of company shirk responsibility,and embezzling or unlawful possession of funds of the company in liquidation;or refusing transfer the important information and documents of company to the receiver,it is means that the company liquidation order may be in utter disorder and the interests of creditor and investor are not be safeguarded well.Though the Company Act of China ignores this question and be short of the regulation on duty of director in company liquidation,so the aggrieved party can not find out who is the blame directly.Now this dissertation will make a study on the basic content of duty of director in company liquidation,namely the duty of faith and duty of diligent in order to provide constituted binding force for director in company liquidation and safeguard the interests of creditor and investor,and promote the development of market economy perfectly.There are six parts in the dissertation.The introduction of this dissertation reveals the research on the background,significance,research method.Chapter one touches upon the concept of company liquidation, receiver of company and so on by the way of research on its definition. After simply analysing the basic concept and content of duty of director, chapter one observe the different type of duty of director in the company existing trem and give a point that in the company liquidation state the director should continue undertaking the duty of faith and duty of diligent. At last,this chapter study the significance and value of duty of director in company liquidation to lay a foundation for later part.Chapter two expounds the particularity of duty of director in company liquidation.After studying the objective necessity of duty of director in company liquidation,we inquired into its theory foundation of duty of director in company liquidation by the way of legal principle and theory of economy.At the same time,this chapter concentrate its efforts on depicting the particularity of duty of director in company liquidation,not only on the duty's objects but also on the duty's limits of law.Chapter three probed into the issues of major content of duty of director in company liquidation on the base of the former chapter's study. We firstly study the major content of duty of faith of director in an normal company state,then linking the conclusion with the company liquidation's particularity to study its variations and content in company liquidation.As to the duty of diligent,since its abstract content,this chapter also study its basic content and requirement by the way of criterion.Chapter five studies the issues of how to consummate the legislation on the duty of director in company liquidation.We observe and study the main regulation of legislation,not only the virtue but also the defect.Then this chapter argue we should lay stress on the development of legislation, guided by the Chinese actuality,the successful experience of other countries,and legislation in perfect harmony.The last of the chapter is conclusion of this dissertation,which will give some summary.