-
Brothers, don't mislead your little friends. A company director is not necessarily a shareholder of the company.
Directors are divided into internal directors and outside directors. Internal directors are employees or executives within the company, and generally own shares. Outside directors are further divided into independent directors and non-independent directors, and independent directors must be non-shareholders of the company and must not have an interest in the company; Non-independent directors are generally appointed to the board of directors of a company by an outside organization, and their organization holds shares in the company, but they do not necessarily hold shares personally.
-
The board of directors, as the executive body of the shareholders' meeting or the general meeting of shareholders, is responsible for the command and management of the company, the enterprise and the business activities, and is responsible for and reports to the shareholders' meeting or the general meeting of shareholders of the company. The board of directors must implement the decisions made at the shareholders' meeting or the general meeting of shareholders. The board of directors is composed of directors, and the directors influence the decision-making of the board of directors of the company by exercising the rights of directors, so the selection of directors of the company should be based on the company's development business direction and the future development of the company, after comprehensive consideration, and according to the identity of the directors, they are divided into employee directors and non-employee directors, and the generation method is as follows:
1. In general companies, non-employee directors are elected by the company's shareholders' meeting or general meeting of shareholders; The directors of a wholly state-owned company shall be appointed by the State-owned Assets Supervision and Administration Agency;
2. Those who belong to employee directors shall be democratically elected by the employees of the company through the employee congress, the employee congress or other forms.
Legal basis: Article 37 of the Company Law.
Article 40. If a limited liability company establishes a board of directors, the shareholders' meeting shall be convened by the board of directors and presided over by the chairman of the board; If the chairman of the board of directors is unable to perform his duties or does not perform his duties, the vice chairman of the board of directors shall preside; If the vice chairman of the board of directors is unable to perform his duties or does not perform his duties, more than half of the directors shall jointly nominate a director to preside.
If a limited liability company does not have a board of directors, the shareholders' meeting shall be convened and presided over by the executive directors.
If the board of directors or executive directors are unable to perform or fail to perform their duties 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.
-
Of course, directors all have shares.
-
If the director of the company holds shares in the company, only one director can be established. A maximum of 5 supervisors can be established, and there is no need to own shares.
-
The directors of a company are not required to be shareholders of the company. According to the relevant regulations, the directors shall be elected and replaced by the shareholders' meeting or the general meeting of shareholders, and the directors served by the employee representatives shall be democratically elected by the employees of the company through the employee congress, the employee congress or other forms. Directors are not required to be shareholders of the company.
Legal basis
Article 51 of the Company Law of the People's Republic of China.
A limited liability company shall have a board of supervisors, and its members shall not be less than three people. 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.
Article 108.
The board of directors has five to nineteen members.
The board of directors may include representatives of the company's employees. The employee representatives on the board of directors shall be democratically elected by the employees of the company through the employee congress, the employee congress or other forms.
Article 45 of this Law stipulates that the term of office of directors of a limited liability company shall apply to the directors of the company.
Article 46 of this Law on the functions and powers of the board of directors of a limited liability company shall apply to the board of directors of the board of directors of the company.
-
The board of directors of the company does not require that you must be a shareholder of the company. The directors shall be elected and replaced by the shareholders' meeting or the general meeting of shareholders, and the directors served by the employee representatives shall be democratically elected by the employees of the company through the employee congress, the employee congress or other forms. Directors are not required to be shareholders of the company.
Article 44 of the Company Law of the People's Republic of China.
A limited liability company has a board of directors with three to thirteen members; However, except as otherwise provided in Article 50 of this Law. Where two or more state-owned enterprises or two or more other state-owned investment entities invest in a limited liability company, the board of directors shall include representatives of the company's employees; Other limited liability companies may have employee representatives on the board of directors. The employee representatives on the board of directors shall be democratically elected by the employees of the company through the employee representative congress, the employee congress or other forms.
The board of directors shall have a chairman of the board of directors and may have a vice chairman. The measures for the chairman of the board of directors and vice chairman of the board of directors shall be stipulated in the articles of association of the company.
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.
Executive directors are not necessarily shareholders. Chapter 2 of the Company Law of the People's Republic of China on the Establishment and Organization of a Limited Liability Company, Section 2 Organizational Structure, Article 51 A limited liability company with a small number of shareholders or a small scale may have an executive director and no board of directors. An executive director can also act as a company manager. >>>More
The specific analysis is as follows:
1. Corporate shareholders. >>>More
Need. But it also depends.
Under normal circumstances, shareholders do not need to bear the company's debts after paying the capital contribution in full, and the company is liable for its debts with all its assets. According to Article 3 of the Company Law, a company is an enterprise legal person with independent legal person property and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property. >>>More
Don't listen to your friends, you go directly to the administrative department for industry and commerce to ask about the annual inspection. It seems that there is no need to issue an audit report. >>>More