Company Opportunity Standards Research,

Corporate Opportunity Doctrine, originating from the case law in both Britain and the United States, with the purpose of regulating the Manager's behaviors and protecting interests of the company ,refers to the discipline prohibiting the manager from usurping corporate opportunity, except the case of performing statutorily the legal procedures. The Company Law in China , revised in 2005, provides an ambiguous provision on corporate opportunity doctrine which rarely touches recognition criteria and the reasonable utilization of the corporate opportunity. Furthermore, the subject scope studied in this law is relatively narrow. Under the guideline of the autonomy of will, concurrently, by methods of balancing of interests ,this paper ,based on the comparative analysis on Corporate Opportunity Doctrine between the United Kingdom and the United states, argues that controlling shareholders and supervisors should also show up in the subject scope. Facing with recognizing the criteria of corporate opportunity, we should take the time as well as identity of the manager obtaining the opportunity into consideration. In addition , the relation between the time of operating activities and rending corporate opportunity ought to be considered ,too. Managers should be equally allowed to utilize rationally the corporate opportunity through performing statutorily the legal procedures.