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董事自我交易行为的主体除董事本人外,还包括了董事本人之外的关联人。只要在与董事所任职的公司进行的交易中,董事存在任何利害关系的情形,该交易就应属于董事自我交易,与董事任职的公司进行交易的人和组织便属于董事关联人。一、从一则仲裁案谈起W为一外国公司,其在中国境内设立了一外商独资公司D。谭某为中国公民,同时在W公司和D公司担任董事。谭某在中国境内设立了一个一人公司Y,并担任法定代表人。2010年3月,D公司增资,谭某作为Y公司的
In addition to the director himself, the principal part of the director’s self-dealing behavior also includes the related parties other than the director himself. Whenever a director has any stake in a transaction with a company in which the director is a director, the transaction should be self-dealing by the director and the person or organization dealing with the company in which the director serves is a connected person of the director. First, from an arbitration case, W is a foreign company that has set up a wholly foreign-owned company in China. Tanmou is a Chinese citizen and concurrently serves as a director in W and D. Tanmou set up a one-person company in China, Y, and served as the legal representative. March 2010, D company capital increase, Tan as Y company