Study On Corporate Opportunity Doctrine

As the modern separation of management and ownership company, the director control important business opportunities, not the shareholders. The directors can use the business opportunities that belonging to the company to seek benefits for themselves. Existing Company Law don't provide the director duties so that company case can not be resolved perfectly. Corporate Opportunity Doctrine was introduced from Common-Law System in Company Law in 2005 .It can regulate behavior of director and higher management in our company in China. Through assimilating foreign Corporate Opportunity Doctrine, it can analyses what's the company business, the identifying criteria of company's opportunity, exceptions in the doctrine and relief of the doctrine. Finally the author puts forward some advice to the Company Law for resolution of company case.