What does it mean that a registered company needs to provide another monitor

A supervisor refers to a supervisor who has a good understanding of the company's situation.

Prevent illegal things from happening.

In fact, the supervisors of private enterprises are generally their own people, and this function is not obvious.

If some large companies, state-owned enterprises, will generally be represented by the workers' congress.

Election of supervisors.

Supervisors may observe the shareholders' meeting to prevent the shareholders' meeting from acting in a way that is harmful to the company's employees, violating the law, and so on.

Supervisor is a member of the company's permanent supervisory authority, also known as a "supervisor", who is responsible for supervising the company's financial situation, the performance of the company's senior management, and other supervisory duties stipulated by the company's articles of association.

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.

According to the provisions of the 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 democratically elected by the employees of the company through the employee congress, the employee congress or other forms.

The Board of Supervisors shall have a chairman, who shall be elected by more than half of all supervisors. The Chairman of the Board of Supervisors convenes and presides over the 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.

The Supervisor is a position that must be created when registering a company. The duties of supervisors are: to supervise the conduct of directors and senior executives in the performance of the company's duties; Propose the removal of directors and executives who violate laws, regulations, articles of association or shareholder resolutions; Initiate litigation against directors and senior executives in accordance with the law.

The registered company must provide another supervisor, and the supervisor is the person who must be provided when the company is established. To set up a ****, you need at least two people. One is a legal person and the other is a supervisor, and these two positions cannot be held by the same person.

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The functions and powers exercised by the company's supervisors are:

1. Check the company's finances;

2. Supervise the performance of directors and senior management personnel in the performance of the company's duties, and propose the removal of directors and senior management personnel who violate laws, administrative regulations, articles of association or resolutions of shareholders' meetings;

3. When the behavior of directors and senior management personnel harms the interests of the company, the directors and senior management personnel are required to correct it;

4. Propose to convene an extraordinary shareholders' meeting, and convene and preside over the shareholders' meeting when the board of directors fails to perform its duties of convening and presiding over the shareholders' meeting as stipulated in this Law;

5. Submit proposals to the shareholders' meeting;

6. Other functions and powers stipulated in the articles of association.

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Legal Analysis: More and more companies are on our radar. Registering a company is not a simple matter, it requires a legal person, shareholders and monitoring, and some people only know how to open a company but do not really understand the responsibility that needs to be borne is also very large.

There are also many legal responsibilities that need to be borne by the legal person of the registered company, and the supervisor of the company is the person who supervises the operation of the enterprise and is jointly and severally liable.

Legal basis: Article 21 of the Company Law of the People's Republic of China The controlling shareholder, actual controller, directors, supervisors and senior management of the company shall not use their affiliated relationship to damage the interests of the company. If the company violates the provisions of the previous key and causes losses to the company, it shall be liable for compensation.

Legal Analysis: Supervisors are members of the permanent supervisory authority in a joint-stock company, also known as "supervisors".

Basis for the Law of Convergence and Law:

Company Lease Law of the People's Republic of China

Article 23 The establishment of a limited liability company shall meet the following conditions: (1) the shareholders meet the quorum; (2) The amount of capital contribution subscribed by all shareholders in accordance with the provisions of the articles of association of the company; (3) The shareholders jointly formulate the articles of association; (4) Have a company name and establish an organizational structure that meets the requirements of a limited liability company; (5) Have a company domicile.

Article 26 The registered capital of a limited liability company shall be the amount of capital contribution subscribed by all shareholders registered with the company registration authority. Where laws, administrative regulations and decisions have other provisions on the paid-in registered capital and the minimum amount of registered capital of a limited liability company, such provisions shall prevail.

Article 27 Shareholders may make capital contributions in monetary terms, or in kind, intellectual property rights, land use rights, and other non-monetary assets that can be valued in monetary terms and can be transferred in accordance with law; However, there are hidden traces of property that laws and administrative regulations stipulate shall not be used as capital contributions. The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued. Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.

Legal analysis: have the right to propose the convening of an extraordinary general meeting of shareholders • have the right to require the directors and general managers who carry out the company's business to report on the company's business • be responsible for supervising, inspecting and assessing personnel at all levels • be responsible for inspecting, supervising and assessing the management of various departments • be responsible for inspecting and supervising the management of various overseas institutions • have the right to make suggestions and opinions on the management of the company • have the right to question the issue of the company's registration and loss • be responsible for other important tasks assigned by the resolution of the shareholders' meeting. Take full responsibility for the work undertaken.

In the case of a limited liability company, where the number of shareholders is small and the scale is small, one or two supervisors may be appointed. Directors, managers and persons in charge of finance shall not concurrently serve as supervisors.

Legal basis: Article 82 of the Civil Code of the People's Republic of China Where a for-profit legal person establishes a board of supervisors or supervisors or other supervisory bodies, the supervisory body shall exercise the lawful conduct of inspecting the legal person's finances, supervising the performance of the duties of the legal person by the members and senior managers of the executive body, and other functions and powers provided for in the articles of association of the legal person.

Legal Analysis: Generally speaking, supervisors do not bear general legal liability, but in specific circumstances, they are subject to legal liability. It is the act of the company not to take on debts.

Legal basis: Article 148 of the Company Law of the People's Republic of China Article 148 Where a director, supervisor or senior manager violates the provisions of laws, administrative regulations or the articles of association of the company in the performance of his or her duties and causes damage to the company, he shall be liable for compensation.

Legal Analysis: Generally speaking, supervisors do not bear general legal liability, but in specific circumstances, they are subject to legal liability. It is the behavior of the company to take on debts without closing the front.

Legal basis: Article 148 of the Law of the People's Republic of China on Corporate Tours Article 148 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 as a public or sales company, and cause losses to the company.