论董事竞业在司法中的认定

How to Identify the Directors of a Company Competing Industry in the Judicial Process

董事负有竞业禁止义务。以《公司法》第149条的规定为准,董事竞业表现为董事谋取了公司的商业机会和从事了与公司同类的业务两大类型。公司业务边界是判断董事竞业的形式标尺,董事行为与公司利益存在冲突的可能性,才是判断董事竞业的实质准则。

Directors have the non-compete obligations. According to the company law section 149 requirements, there are two major types of non-competence with the company, one is that directors try to gain the opportunities of the company, the other is that directors engaged in similar business with the company. Borders of business is the form of yardstick to judge whether directors,behaviors are contrary to the non-compete obligations , while the possibility of conflict of interest between directors and the company is the substantive standards.