Study On The Outgoing Director Performing His Duties

The law designs the system of the outgoing directors to performtheir duties from the perspective of maintaining the normal operation of the company.However,in the case of corporate deadlock,it will create the dilemma that the outgoing directors cannot leave their posts.Based on the improvement of the relevant system of the outgoing directors to performtheir duties and the construction of the right relief channel of the outgoing directors,this paper reviews the evolution of the relevant legal system from four aspects,such as the basis of the functions of the departing directors,the content of the discharged directors,the duration of the duties of the departing directors,the consideration of the duties of the departing directors,and draws on the relief paths of other countries,and conceives the suggestions to perfect the corresponding system in China.In view of the plight of the departing directors in practice,two measures are proposed: one is to establish a judicial takeover system for the deadlock company to solve the deadlock situation of the deadlock company;the other is to introduce punitive compensation mechanism for the remuneration of outgoing directors to compensate for the impairment of rights of outgoing directors.