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216.73.216.134
216.73.216.134
Can a Director Exploit any or every Corporate Opportunity?
( Farqaleet Khokhar )
UCI I410-151-25-02-091491332

This article critically and comparatively analyses the corporate opportunity doctrine vis-à-vis current and former directors in England and Delaware in order to highlight stringency in the English Courts’ attitude and Delaware Courts’ modernised approach. Thereby, the article examines the English Courts’ tread on the heels of the traditional equitable principles, i.e., no-conflict and no-profit rules and Delaware Courts’ tailor-made specialist approach in which they preclude a director from usurping corporate opportunity that corresponds to the company's line of business, the company has an expectancy or interest in it, or the company is financially capable of exploiting it. The article argues that the English regime should adopt the objective, modern, and practical approach of Delaware Courts. The outdated equitable principles adopted by English Courts need reformulation, and a way forward is the Delaware model. For the sake of completeness, this article also provides a comparative analysis of corporate opportunity doctrine adopted by Asian Jurisdictions including India, China and Korea to highlight the loose and broad impression of England and Delaware doctrines on these jurisdictions.

Ⅰ. Introduction
Ⅱ. Current Director and Corporate Opportunity Doctrine
Ⅲ. Ex-director and Corporate Opportunity Doctrine
Ⅳ. Conclusion and Comparative Analysis of Asian Jurisdiction
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[자료제공 : 네이버학술정보]
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