Current location - Quotes Website - Signature design - Business License Supervisor
Business License Supervisor

Legal analysis: According to Article 7 of the "Company Law of the People's Republic of China", the company's business license should indicate the company's name, residence, registered capital, business scope, name of legal representative, etc. matter. A company supervisor is a member of the company's permanent supervisory authority, also known as a "supervisor". He is responsible for monitoring the company's financial situation, the performance of the company's senior managers' duties, and other supervisory duties stipulated in the company's articles of association. In China, the supervisory organization composed of supervisors is called the board of supervisors, which is an essential statutory supervisory authority for the company. Supervisors usually consist of shareholder representatives and employee representatives, and may not concurrently serve as directors or managers.

Legal basis: "Company Law of the People's Republic of China"

Article 7 A company established in accordance with the law shall be issued a business license by the company registration authority. The date of issue of the company's business license is the date of establishment of the company.

The company's business license shall state the company's name, address, registered capital, business scope, name of the legal representative, and other matters.

If the matters recorded in the company's business license change, the company shall handle the change registration in accordance with the law, and the company registration authority shall renew the business license.

Article 50 A limited liability company with a small number of shareholders or a smaller scale may have one executive director but no board of directors. Executive directors may also serve as company managers.

The duties and powers of the executive director are stipulated in the company's articles of association.

Article 51 A limited liability company shall have a board of supervisors, whose members shall not be less than three. A limited liability company with a small number of shareholders or a smaller scale may have one or two supervisors but no supervisory board.

The board of supervisors shall include shareholder representatives and an appropriate proportion of company employee representatives, of which the proportion of employee representatives shall not be less than one-third, and the specific proportion shall be stipulated in the company's articles of association. The employee representatives on the board of supervisors are democratically elected by the company's employees through employee congresses, workers' conferences or other forms.

The board of supervisors shall have one chairman, who shall be elected by a majority of all supervisors. The chairman of the board of supervisors shall convene and preside over the meeting of the board of supervisors; if the chairman of the board of supervisors is unable or fails to perform his duties, more than half of the supervisors shall jointly elect a supervisor to convene and preside over the meeting of the board of supervisors.

Directors and senior managers may not concurrently serve as supervisors.

Article 52 The term of office of supervisors is three years. When the supervisor's term expires, he or she may be re-elected.

If the supervisor’s term of office expires and the supervisor is not re-elected in time, or if a supervisor resigns during the term and the number of members of the supervisory board falls below the quorum, before the re-elected supervisor takes office, the original supervisor shall still comply with laws, administrative regulations and the company’s articles of association. perform supervisory duties according to the regulations.

Article 53 The board of supervisors and the supervisors of companies without a board of supervisors shall exercise the following powers:

(1) Inspect the company’s finances;

(2) Supervise the conduct of directors and senior managers in performing their duties, and make recommendations for removal of directors and senior managers who violate laws, administrative regulations, company articles of association or resolutions of shareholders' meetings;

(3) When directors, When the behavior of senior managers harms the interests of the company, require directors and senior managers to make corrections;

(4) Proposing to convene an extraordinary shareholders' meeting, and failing to convene and preside over the shareholders' meeting when the board of directors fails to fulfill the requirements of this Law Convening and presiding over the shareholders’ meeting when required;

(5) Proposing proposals to the shareholders’ meeting;

(6) Pursuant to the provisions of Article 151 of this Law, Directors and senior managers file lawsuits;

(7) Other powers stipulated in the company's articles of association.

Article 54 Supervisors may attend board of directors meetings and raise questions or suggestions on matters resolved by the board of directors.

Boards of supervisors and supervisors of companies without a board of supervisors may conduct investigations if they discover abnormalities in the company's operating conditions; if necessary, they may hire an accounting firm to assist them in their work at the company's expense.

Article 55 The Board of Supervisors shall hold at least one meeting every year, and supervisors may propose to convene an extraordinary meeting of the Board of Supervisors.

Except as otherwise provided for in this Law, the discussion methods and voting procedures of the board of supervisors shall be stipulated in the company's articles of association.

Resolutions of the board of supervisors must be passed by more than half of the supervisors.

The board of supervisors shall keep minutes of its decisions on matters discussed, and the supervisors attending the meeting shall sign on the minutes.