A Study of Business Judgment Rule with Taiwan Corporate Governance

• Main Authors: Lee, Hua-Lan, 李華蘭
• Other Authors: Hung, Szu-Chu
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/79565350761241869473

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 102 === Economic crises engulfed the entire world in the recent years. The world was being swept by economic crisis. Since East Asian financial crisis in 1997, economic crisis revealed many kinds of Corporate Governance matters. Deepening globalization exerts impacts on all countries. Following the trend of globalization, enterprises extend its business from one single country to the whole world. Board of directors is the key executive members of a company. Directors of a company should develop and execute their business strategy base on the code of corporate governance. This paper will discuss about directors’ legal duties and responsibilities which is determined on American law and business judgement rule. We will explore the business judgment rule which protects the director from being instituted actions at law when the director’s business decision had been proved not to match in shareholders’ interest. This research will approach a subject from different angles. Business judgment rule was based on the real business practice which has been introduced in US for decades. At the time of introducing the business judgment rule in Taiwan, this paper will investigate several court decisions and provide conclusions to assist in bringing light to this area.