Business integrity v. business efficiency: the corporate opportunity doctrine in China

Fang Ma

Journal of Financial Crime, 2015, vol. 23, issue 1, 201-215

Abstract: Purpose - – The purpose of this paper is to assess the application of the nascent corporate opportunity doctrine in China by comparison with its well-established English counterpart; in particular, it evaluates whether the fine balance between business integrity and business efficiency has been struck. Findings - – It is argued that the scope of application of the corporate opportunity doctrine in China should be extended, and the rules on the burden of proof should be amended. Moreover, a stricter approach should be adopted by the Chinese judiciary for the purpose of protecting the company’s interests and enhancing business integrity. Research limitations/implications - – This paper mainly focuses on the corporate opportunity doctrine. It does not discuss other duties of directors in detail. Practical implications - – It is useful for directors in balancing business integrity and business efficiency. Originality/value - – It is an original piece of work which assesses the corporate opportunity doctrine by making comparison with English law.

Keywords: Corporate opportunity doctrine; Director’s duties in China (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:jfc-05-2014-0025

DOI: 10.1108/JFC-05-2014-0025

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