| In the process of operating，due to poor management, poor management,companies may go into bankruptcy. The stage is named on the verge ofbankruptcy. When companies are facing bankruptcy risk, the companies’director probably implement some harmful actions to the interests of thecompanies, such as unfair paying, resulting in the loss of the company’sproperty， serious damage to the interests of creditors. So definedirectors’ obligation is very important. When company is in normaloperation, the director exercise their functions and powers areresponsible for the company. In the company to the brink of bankruptcy,because the company faces the possibility of bankruptcy, can produceconflict between different subjects of interests, focuses on the conflictof interest between the company and the creditors. If the board remainscommitted to maintaining the interests of the shareholders of a company,you will do injustice to creditors. Clear director for the interests ofthe obligation is the obligation of maintenance requirements. Directorfor creditors to stop the obligation of the individual payment obligations,in accordance with the processing company’s property is the obligationof the content of the director’s duty of loyalty. When the directors’ duty of violation of the bankruptcy petition, the first responsibility shouldbe clear director premise, mainly including company bankruptcy reasonappeared, the company bankruptcy, but delayed in filed for bankruptcy,the interests of the creditors suffer losses and the loss of the creditorhas causal relationship with the behavior of the director. Secondly, basedon the provisions of the relevant creditors to director of litigationabroad, put forward the country litigation legislation reference tocreditors. On the verge of bankruptcy, you first need to consider theliability of directors. Then responsibility shall be investigated dependson the verification for the suit right of the creditor and the detailedshare the burden of proof. Assumption of responsibility, of course, isnot absolution, giving the directors’ right of defense in the company tothe brink of bankruptcy is in accordance with the needs of the balancingof interests. The application of the business judgment rule is the mosteffective means. |
