For example, an officer or director may not be charged with usurpation of corporate alternative when the company is unable to avail itself of the business opportunity. For instance, if the corporate in the hypothetical above doesn’t have the financial sources to make product B, then you definitely may be able to proceed and make product B by way of your new firm. The safer plan of action, nevertheless, is to make a full disclosure of the chance to the company and have the corporate declare that it does not have interest in making or cannot make product B.
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