|
[1] The purport of the preamble to Article 398 of the Commercial Code requiring a director who transacts with a company to acquire an approval by the board of directors, and whether the foregoing article only regulates the pre-transaction approval to the exclusion of an ex post facto approval (negative)
[2] Whether the director involved in a transaction is obligated to reveal information regarding his own stake in the transaction to the board of directors before approval (affirmative), and the validity of the approval by the board of directors as an ordinary one, without disclosing the aforementioned information or deliberating the possibility of the transaction constituting a conflict of interest in compliance with the preamble to Article 398 of the Commercial Code (negative)
[3] Whether the adoption or ratification of an interest-conflicting transaction in a general meeting of shareholders, which had not yet been approved by the board of directors, can be validated ex post facto (negative in principle)
[4] The conditions for determining whether a company's tacit ratification qualifies as an approval for an interest-conflicting transaction between a director and the company
|
