case Mainland China English summary

Shenzhen Competing-Business Liability of Senior Officers and Supervisors

董事、高级管理人员另立公司经营同类业务,是否应当承担责任?

A company-interest harm dispute in which company personnel, including supervisors, were held responsible after setting up a competing business and diverting business opportunities.

Brief English Introduction

The case turns a common loyalty-duty fact pattern into a concrete Chinese law problem: managers and supervisors participate in a competing entity while still owing duties to the original company.

Use It For

Use this case for Article 180-style loyalty and diligence analysis, corporate opportunities, competing business, disgorgement, and supervisor responsibility beyond passive oversight.

Teaching Notes

Have students identify each defendant’s office, factual role, and remedy exposure. The facts help prevent a flat analysis that treats directors, officers, and supervisors as interchangeable.