论文部分内容阅读
王某为A五金交化股份有限公司董事兼总经理。1994年11月,王某以B公司名义从国外进口一批家电产品,共计价值3800万元。之后,王某将该批家电产品销售给了C公司。A公司董事会得知此事后,认为王某身为本公司董兼总经理,负有竟业禁止义务,王某的行为违反了我国《公司法》的规定。 一、什么是竟业禁止义务 所谓“竟业”就是对特定营业有竞争性的活动。所谓“竟业禁止”,亦称“同业禁止”,即竟业行为的禁止,指特定地位的人得实施与其所服务的营业具有竞争性质的行为。公司董事的竞争禁止义务,是指董事有义务不得从事与公司营业范围相同的业务或以其他方式与公司竞争。竟业禁止义务应包括以下几个方
Wang is a director and general manager of Wujinjiaodian Co., Ltd. In November 1994, Wang imported a number of home appliances from abroad in the name of Company B, for a total value of 38 million yuan. After Wang sold the batch of home appliances to Company C. After the board of A Company learned of this incident, Wang felt that Wang as a director and general manager of the Company had the obligation to prohibit commercial activities. Wang's behavior violated the provisions of the Company Law of the People's Republic of China. First, what is the prohibition of the obligation to even the so-called “business” is a specific business competitive activities. The so-called “Forbidden Business”, also known as “prohibited by the same trade”, that is, the prohibition of unlawful acts, means that a person of a specific status may have a competitive nature with the business he or she serves. The prohibition of competing for a company's directors means that a director is obliged not to engage in the same business with the company or to compete with the company in any other way. The obligation to prohibit the business should include the following parties