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If all aspects are normal, there is nothing wrong with the production and operation management, just raise your hand at the meeting, and if there is a problem, of course, it is necessary to check whether you have fulfilled your supervisory responsibilities, and performed the financial situation of the company, the duties of the company's senior managers, and other supervisory duties stipulated by the company's articles of association. Therefore, whether the supervisor is vacant or not has a lot to do with whether the company's management is formal.
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Article 1 of Judicial Interpretation II of the Company Law clearly stipulates that shareholders who individually or collectively hold more than 10% of the voting rights of all shareholders of the company may file a lawsuit for dissolution of the company, and the specific reasons for shareholders to file a lawsuit for dissolution of the company are as follows: (1) The company is unable to convene a shareholders' meeting or a general meeting of shareholders for more than two consecutive years, and serious difficulties arise in the operation and management of the company;
2) Shareholders are unable to reach the proportion prescribed by law or the articles of association when voting, and cannot make effective resolutions of shareholders' meetings or shareholders' meetings for more than two years, and serious difficulties arise in the operation and management of the company;
3) The conflict between the chairman of the board of directors of the company cannot be resolved through the shareholders' meeting or the general meeting of shareholders, and serious difficulties occur in the operation and management of the company;
4) Other serious difficulties in operation and management, and the continued existence of the company will cause significant losses to the interests of shareholders.
Although the compulsory liquidation of the company has the participation of the court, the compulsory liquidation is mainly when the company cannot start the liquidation on its own, and tries to force the company to start the liquidation procedure through the intervention of the court, and it is the company that finally implements the liquidation behavior. Therefore, the dissolution and liquidation of a company is an act of corporate autonomy based on the liquidation of the company organized by itself, supplemented by compulsory liquidation by the court.
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Summary. Hello, dear, I'm glad to answer your questions, this kind of supervisor generally does not serve in the company, and the company has no interests, but its responsibilities are the same, the specific performance of the ** situation, it is difficult to say.
Be cautious about serving as a supervisor in this case, because sometimes supervisors are also legally responsible. If the company's losses are caused by the supervisors, then they will have to bear legal responsibility.
According to Article 148 of the Company Law, "directors, supervisors and senior managers shall be liable for compensation if they violate the provisions of laws, administrative regulations or the articles of association of the company when performing their duties of the company and cause losses to the company." "Supervisors enjoy the authority to participate in the management and supervision of the company's affairs conferred by law and the articles of association, and at the same time have the duty of loyalty and diligence to the company.
When performing the duties of the company, they shall exercise their powers in accordance with the law and the articles of association of the company, perform their obligations, and safeguard the interests of the company. In order to encourage supervisors to exercise their rights and perform their obligations for the benefit of the company in accordance with the law, so that the company's legitimate rights and interests can be restored or compensated when they are infringed, the Company Law clearly stipulates the legal liability of supervisors who cause damage to the company by illegally performing their duties.
Is there any benefit to me if I have a vacant position as a supervisor in the company?
Kiss 3 Hello! I'm glad I'm here to answer this question for you, it may take me a few minutes to sort out the information and type, please ......wait for the macro draftFilial piety
Hello, dear, I'm glad to answer your questions, this kind of supervisor generally does not serve in the company, and the company has no interests, but its responsibilities are the same, the specific performance of the ** situation, it is difficult to say. Be cautious about serving as a supervisor in this case, because sometimes supervisors are also legally responsible. If the company's losses are caused by the supervisors, then they must bear the legal responsibility.
According to Article 148 of the Company Law, "directors, supervisors and senior managers shall be liable for compensation if they violate the provisions of laws, administrative regulations or the articles of association of the company when performing their duties of the company and cause losses to the company." "Supervisors enjoy the authority to participate in the management and supervision of the company's affairs conferred by law and the articles of association, and at the same time have the duty of loyalty and diligence to the company.
When performing the duties of the company, they shall exercise their powers, perform their obligations, and safeguard the interests of the company in accordance with the law and the articles of association of the company. In order to encourage supervisors to exercise their rights and perform their obligations for the benefit of the company in accordance with the law, so that the company's legitimate rights and interests can be restored or compensated when they are infringed, the Company Law clearly stipulates the legal liability of supervisors who cause damage to the company by illegally performing their duties.
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Summary. According to Article 37 of the Company Law of the People's Republic of China, the shareholders' meeting exercises the following functions and powers:
Decide on the company's business policy and investment plan; Elect and replace directors and supervisors who are not employee representatives, and decide on matters related to the remuneration of directors and supervisors; review and approve the report of the Board of Directors; Review and approve the report of the board of supervisors or supervisors.
Review and approve the company's annual financial budget plan and final account plan; Review and approve the company's profit distribution plan and loss recovery plan; Resolve to increase or decrease the registered capital of the company; Resolution on the issuance of corporate bonds; Resolutions on the merger, division, dissolution, liquidation or change of the form of the company; amending the Articles of Association; Other functions and powers stipulated in the articles of association.
Help someone to hang a vacant position as a supervisor, I don't want to help others hang up, I want to cancel the supervisor, which department to go to? Will the relevant departments help me cancel.
Hello, I am a cooperating lawyer and it is a pleasure to serve you.
You need to submit a request to the company to change the supervisor, and it is impossible to handle it alone, and the company needs to make a resolution and submit some materials to the industrial and commercial registration department. It is impossible to apply to the company for the change of supervisors, and it is impossible to handle it alone, and the public government needs to make a resolution and submit some materials to the industrial and commercial registration department.
According to Article 37 of the Company Law of the People's Republic of China, it is reasonable to argue that the shareholders' meeting exercises the following functions and powers: to decide on the company's business policy and investment plan; elect and replace directors and supervisors who are not employee representatives, and decide on the remuneration of directors and supervisors who are absent; review and approve the report of the Board of Directors; Review and approve the report of the board of supervisors or supervisors.
Review and approve the company's annual financial budget plan and final account plan; Review and approve the company's profit distribution plan and loss recovery plan; Resolve to increase or decrease the registered capital of the company; Resolved the issuance of corporate bonds by Socks; Resolutions on the merger, division, dissolution, liquidation or change of the form of the company; amending the Articles of Association; Other functions and powers stipulated in the articles of association.
The relevant requirements of the company's supervisors stipulate: 1. The regular meeting shall be held on time in accordance with the provisions of the company's articles of association. If shareholders representing more than one-tenth of the voting rights, more than one-third of the directors, the board of supervisors or the supervisor of a company without a board of supervisors propose to convene an extraordinary meeting, an extraordinary meeting shall be convened.
2. If the board of directors or executive directors are unable to perform or fail to perform the duty of convening a meeting of shareholders, the board of supervisors or the supervisors of a company without a board of supervisors shall convene and preside over the meeting; If the board of supervisors or supervisors do not convene and preside, shareholders representing more than one-tenth of the voting rights may convene and preside over on their own.
Hello, is there anything else you need my help with?
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First of all, it should be clarified that the position of supervisor is positioned in the Company Law, which belongs to the ranks of the company's senior executives and has a duty of loyalty and diligence to the company, but does not directly bear the relevant work content and legal responsibilities of the legal person;
Secondly, the boss asks you to hang up as a supervisor of another company, which is a manifestation of your recognition, and this kind of position will not be easily hanged, you should agree;
In the end, if you really don't want to agree, you should inform your boss in time.
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It depends on what you're for, the free suspension is equivalent to selling your boss's personal favor, if your boss remembers you well, then it's worth it, but your boss thinks it's your right, then forget it.
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You can collect money according to the matter or regulations, generally you lose, it is a friendship help!
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It's not a question of whether it's worth it or not. It's that the boss tells you to do whatever you want, and what if you don't do it?
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