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TITLE 【Syllabus of the Latest Opinion】Supreme Court en banc Decision 2015Da45451 Decided February 18, 2021 【Surety Liability Amount】 [full Text]
Summary
In circumstances where, either in the articles of incorporation or in the regulations of the board of directors, the representative director’s power of representation is subject to restrictions, whether a third party as a counterparty to a transaction is required to be found not negligent in addition to having acted in good faith in order to be afforded protection under Article 209(2) of the Commercial Act (negative) and, in such cases, if a third party was grossly negligent, whether the transaction becomes void (affirmative)
Whether the above holds true in cases where the representative director of a stock company engaged in transactions concerning “disposal or transfer of major assets, borrowing of large scale assets,” as provided in Article 393(1) of the Commercial Act, without a resolution from the board of directors (affirmative)
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