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董事、高管未经股东会或股东大会同意,利用职务之便窃取本属公司的商业机会,乃《公司法》禁止之不忠行为。但是,如何判断商业机会之归属,有待解释。《中国审判案例要览》(2008年商事卷)公布的宁波市科技园区新华信息技术公司案,即以商业机会之归属为争议焦点。原告为一家软件和网络系统开发公司,被告徐某某曾任原告公司高管,任职期间负责组
Directors and senior executives, without the consent of the shareholders ’meeting or shareholders’ general meeting, steal the business opportunities of the company by taking advantage of their positions, which are acts of infidelity prohibited by the Company Law. However, how to judge the ownership of business opportunities remains to be explained. The case of Xinhua Information Technology Company in Ningbo Science and Technology Park announced in the “Summary of China’s Trial Cases” (Commercial Register, 2008) is the focus of controversy over the ownership of business opportunities. The plaintiff as a software and network system development company, the defendant Xu Moumou former plaintiff company executives, served during the responsible group