Can a lawyer become a shareholder, serve as a director, supervisor, or executive officer of a compan

The Measures for the Administration of Partnership Law Firms was only a departmental regulation of the Ministry of Justice, which was formulated to meet the needs of lawyers and the staff of public institutions in the judicial administrative departments at that time, so it had its limitations. According to the provisions of the Lawyers Law, there is no restriction on individual lawyers engaging in commercial activities. The law restricts persons with specific statuses, such as civil servants and state functionaries, from engaging in commercial activities because their special status will lead to abuse of power and damage the interests of the state and the integrity of their positions.

OK. The law does not restrict individual lawyers from engaging in commercial activities. The law restricts persons with specific statuses, such as civil servants and state employees.

The reason why they are prohibited from engaging in commercial activities is that their special status will lead to abuse of power and damage the interests of the state and the integrity of their positions, and according to the principle that if it is not prohibited by ordinary citizens' law, it should be natural for lawyers to engage in commercial activities and become shareholders and directors.

Legal analysis

Supervisors are members of the company's supervisory authority, and the Company Law requires all companies to have a board of supervisors or supervisors. Its responsibility is to monitor the company's financial status and prevent the board of directors and senior management from abusing their power and infringing on the interests of the company and shareholders. Therefore, the company's directors and senior managers are not allowed to concurrently serve as supervisors.

Supervisors are usually composed of shareholder representatives and employee representatives, and should generally have professional knowledge or work experience in law, accounting, etc. The supervisor is the permanent supervisory authority of Liangqi Company.

members, also known as "supervisors", are responsible for monitoring the company's financial situation, the performance of the company's senior management, and other matters determined by the company's articles of association.

Prescribed supervisory duties. In China, the supervisory body composed of supervisors is called the board of supervisors, which is the necessary statutory supervisory authority for a company. Supervisors are usually composed of shareholder representatives and employee representatives, and may not concurrently serve as directors or managers.

Due to the dispersion of the company's shareholders and the wide variation of professional knowledge and capabilities, it is necessary to hold a general meeting of shareholders in order to prevent the board of directors and managers from abusing their power and harming the interests of the company and shareholders.

This special supervisory body is elected to exercise supervisory functions on behalf of the general meeting of shareholders.

Legal basis

Company Law of the People's Republic of China.

Article 51 A limited liability company shall establish a board of supervisors, whose members shall not be less than three. A limited liability company with a small number of shareholders or a small scale may have one or two supervisors without a board of supervisors. The board of supervisors shall include shareholder representatives and an appropriate proportion of employee representatives of the company, of which the proportion of employee representatives shall not be less than one-third, and the specific proportion shall be stipulated in the articles of association of the company.

The employee representatives on the board of supervisors shall be approved by the employees of the company through the employee congress.

Democratically elected by a workers' congress or other form. The Board of Supervisors shall have a chairman, who shall be elected by more than half of all supervisors. The board of supervisors presided over the slag vacancy.

convening and presiding over meetings of the Board of Supervisors; If the chairman of the board of supervisors is unable to perform his duties or fails to perform his duties, more than half of the supervisors shall jointly nominate one supervisor to convene and preside over the meeting of the board of supervisors. Directors and senior managers shall not concurrently serve as supervisors.

Article 52 The term of office of a supervisor shall be three years. Upon the expiration of the term of office of the supervisors, they may be re-elected. Where a supervisor is not re-elected in a timely manner at the end of his or her term of office, or where a supervisor resigns during his term of office, resulting in a decrease in the number of members of the board of supervisors falling below the quorum, the original supervisor shall still follow laws and administrative regulations until the re-elected supervisor takes office.

and the provisions of the articles of association of the company, to perform the duties of supervisors.

The Measures for the Administration of Partnership Law Firms was only a departmental regulation of the Ministry of Justice, which was formulated to meet the needs of the staff of public institutions in the judicial administrative departments at that time, so it had its limitations. According to the provisions of the Lawyers Law, there is no restriction on individual lawyers engaging in commercial activities. The law restricts persons with specific statuses, such as civil servants and state functionaries, from engaging in commercial activities because their special status will lead to abuse of power and damage the interests of the state and the integrity and reputation of their positions.

I didn't listen to this.,It doesn't seem to be explicitly saying no.。。

But it's better not to do that.

Legal analysis: A lawyer can be a shareholder of a company, but a law firm cannot be a shareholder of a company. To become a shareholder of the company, a lawyer must purchase the company's shares, or transfer the shares transferred by other shareholders, and need to pay consideration and comply with the provisions of the company's articles of association.

Legal basis: Article 3 of the Company Law of the People's Republic of China.

The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Article 4. The shareholders of the company enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law.

Article 28.

Shareholders shall pay in full and on time the amount of capital contributions subscribed by them as stipulated in the articles of association. If the shareholder makes a monetary contribution, the monetary contribution shall be deposited in full into the limited liability company or the bank account opened by the shareholder; Where non-monetary assets are used to make capital contributions, the formalities for the transfer of property rights shall be completed in accordance with law. If a shareholder fails to pay his or her capital contribution in accordance with the provisions of the preceding paragraph, in addition to paying the full amount to the company, he or she shall also bear the liability for breach of contract to the shareholder who has paid the capital contribution in full on time.