브루나이 회사법상 회사 기관구조

This thesis comparatively analyzes the corporate governance of Brunei by presenting its legislation history, outlining the characteristics of various forms of corporate enactment, and legally assessing the structure of companies for Korean industries to establish their businesses in Brunei. The company law of Brunei has been affected by that of Malaysia. It acknowledges three forms of law, which are similar to the ones of Singaporean law. Foundation of one-man company is highly restricted. One of the principal problems of general meeting on the company law in Brunei is that it is deficient in an appropriate act on the law in terms of authority in the meeting while being recognized as the essential organization as well as functioning as the topmost on particulars granted by the law and articles. It has rather complicated requirements to hold a general meeting, but very similar to that in Korea. The meeting is solely approved to make authority based on the law and supported by articles of incorporation for the exceptional matters. The fact that board of directors has representative and executive power and can grant it to each director is reasonable considering its characteristics as an assembly. The allocation of authority between the general meeting and the board is monitored by articles of incorporation to encourage efficiency that it would not result in any issues. On the other hand, it could destroy the interest from reliance. The company law of Brunei stipulates that all companies have an audit system regardless of their type. It is evident that small scale and closed individual enterprises should be under the stipulation on the audit system. Therefore, a certain level of reforms is highly recommended for the corporate legislation in Brunei to be suitable for the global standard in corporate governance, and at the same time, for the company operation to be transparent and democratic.