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The Criteria For Determining The Diligence Of Directors

Posted on:2018-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:W L QiFull Text:PDF
GTID:2356330515977721Subject:Law
Abstract/Summary:PDF Full Text Request
Directors are elected by the shareholders' committee or the shareholder's meeting,internal participate in company meetings,foreign on behalf of the company is engaged in the management of economic activities.The senior manager is the person who is appointed to assist the management of the company.They are not the shareholders of the enterprise,only responsible for the production and operation of enterprises,responsible for its.In this sense,their interests are consistent with those of shareholders.In terms of the nature of the identity,the legal subjects are not shareholders,but as independent individuals.The director has a pivotal position in the company and a wide range of rights.This leads to the practice of directors,executives for their own interests to damage the interests of enterprises.In view of such behavior often occurs,in 2005,the "People's Republic of China company law"(hereinafter referred to as the company law)148th provisions of the directors,supervisors and senior management of the company has the duty of diligence.(2013 revised "company law" does not change in the content on the basis of the change to 147th),but the lack of specific provisions of the standard,the judge in the case when the referee,that the directors and senior managers in violation of the obligation of diligence when there is no law to follow.As an important role in the operation of the company,the directors are responsible for the healthy development of the company.This paper takes the director as the main body to study the specific criteria of the diligent duty of directors.
Keywords/Search Tags:the duty of diligence, standards, good faith, cautious
PDF Full Text Request
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