Director Of The Company Filed For Bankruptcy Critical Mandatory Obligation

Modern corporate governance structure can be divided into the historicaldevelopment of centrism shareholders, the Board centrism, after the Board centrismthree historical development process, the Board of Directors meeting centrism gaveway centrism is the objective requirements of social and economic development andthe inevitable result. Stage of company legislation and practice, will be placed on thecompany board of directors and as the top of the power structure to build thecompany’s corporate governance structure, the Board has become a modern companyinternal power configuration of the core. Common law legal systems of the UnitedStates, Britain and other countries have developed a series of precedents requiredirectors of the company a critical edge of bankruptcy, the course of their duties mustconsider the interests of creditors, the civil law of Germany, Japan and other countriesin Bankruptcy Law establishes critical when the company filed for bankruptcybankruptcy directors mandatory obligation, and breach of this obligation shall bearpersonal responsibility. Bankruptcy judicial practice frequent malignant bankruptcy,creditors’ claims in the high-risk status, and social and economic order of the benignoperation cause serious harm. In view of this, the author tried to write this article, theconstruction of the system put forward their own ideas.Text is divided into three parts. Various parts of the logical connections followingmajor elements:Chapter I: Critical bankrupt, the threshold, the company filed for bankruptcycritical bankruptcy director of the concept of mandatory obligations are defined, andthe director of the characteristics of bankruptcy filing obligations interpretation. AndChina’s "Bankruptcy Law" in the "not settled" and the payment of civil law countriesnot widely used definition of standards and bankruptcy insolvency two kinds ofcomparative analysis. Chapter II: Critical edge of bankruptcy of the company directors needbankruptcy filing obligation analyzed from four aspects, namely: clear shareholders,directors, creditors responsibility needs; company director perverse incentivesbankruptcy legal regulation needs; company social responsibility needs; dominantposition of respect for private rights against the debtor’s needs. From both theperspective of three directors of China’s bankruptcy filing obligation to build thesystem practical significance.Chapter III: civil law, common law regarding the extraterritorial legislation ofdirectors of bankruptcy legislation the obligation to collect and collate, combined withChina’s legislative situation in Comparative Perspective bankruptcy obligations ofdirectors and the Construction of the System perfect to provide useful ideas.