A shareholder of a small company is also a supervisor, how can I resign and withdraw my shares?

Updated on workplace 2024-05-23
9 answers
  1. Anonymous users2024-02-11

    Resign, you can, just talk to the other two. There is no need for too complicated procedures.

    To withdraw shares, you have to obtain the consent of the other two ** owners, and how much you can withdraw is not up to you. According to what you are saying now, this company should not be profitable yet, and the discount is definitely available. Can you withdraw the two words?

    After your company resigns, the personnel relationship will definitely be transferred to you, but you can't get it personally. Go to the Talent Center or the neighborhood committee where your hukou is located. The title certificate can be taken away. It is not the same thing as the previous shareholders and supervisors.

  2. Anonymous users2024-02-10

    Hello. As a shareholder, you are generally not allowed to withdraw your shares. You can transfer the equity to two other shareholders or others. After the equity transfer agreement is signed, the new shareholders' meeting will entrust the company to go through the industrial and commercial change registration procedures.

    The resignation of a supervisor shall be in accordance with the provisions of the Company Law and the Articles of Association.

  3. Anonymous users2024-02-09

    Equity can be transferred, that is to say, someone is willing to receive your shares and must have an equity transfer agreement, go to the relevant departments to go through the relevant transfer procedures, such as changing the industrial and commercial registration, etc.

    To resign, you need to submit a written resignation application to the board of directors for discussion or the general meeting of shareholders to approve your resignation.

    After the above two things are completed, the resignation is submitted in writing (generally the resignation application must be submitted to the company 30 days before the resignation) After the company's consent, the personnel relationship can be transferred, and the title certificate can be obtained.

  4. Anonymous users2024-02-08

    What is the relationship between the group company and its subordinate construction company? What is the nature of a construction company? The information you provided is incomplete and cannot be answered. If you need help, you can call or make an appointment to consult me in person.

    Lawyer Zhang Xiangfeng.

  5. Anonymous users2024-02-07

    Let's make a move.

    First, submit your resignation. If a supervisor resigns, he or she can submit an application for resignation by himself/herself, without the approval of the board of supervisors, the board of directors and the shareholders' meeting.

    Secondly, the Company Law stipulates that if a supervisor resigns, resulting in a shortage of a quorum, he or she shall continue to perform his duties until a new supervisor is in place. So, you look at whether your departure has resulted in a quorum. There are two situations: 1. Less than three people (The Company Law stipulates that if a limited liability company establishes a board of supervisors, the number of members of the board of supervisors shall not be less than three.

    Articles of Association as otherwise agreed from the Articles of Association); 2. Less than one-third of employee supervisors. If you do not violate the above two articles, you will leave your job by submitting a letter of resignation. If you have violated both of these two items, see below.

    Again, if the above two articles are violated. Then you can not participate in the board of supervisors, do not participate in any arrangements of the board of supervisors, for various reasons (such as parent-teacher meetings, parents going to the hospital for examinations, etc.), not personal reasons. The purpose of this is to show that you are unable to continue to perform your duties as a supervisor and that it is difficult to fulfill your duty of diligence, and according to the Company Law, the board of supervisors should take the initiative to dissuade you if you do not participate in the activities of the board of supervisors twice (or as otherwise provided in the articles of association).

    Since then, it has been retreating naturally.

    In short, submit your resignation on your own, and if it does not result in the circumstances described in Article 2 above, the resignation shall take effect from the submission of the resignation to the Board of Directors of the bird.

  6. Anonymous users2024-02-06

    Shareholders are also supervisors, how to recall.

    Supervisors are in an important position in the company, and within the scope of the law and the articles of association, they are authorized to supervise or manage the company's affairs and other powers, and the legal responsibilities of the state reform supervisors: 1Check the company's finances.

    Inspect the company's finances, mainly to review and review the company's financial accounting reports and other financial accounting information. 2.Supervise the performance of duties by directors and senior management and make recommendations for recall.

    3.Require directors and senior management to correct their behaviors that harm the interests of the company. 4.

    Propose to convene, convene and preside over an extraordinary shareholders' meeting. 5.Submit proposals to the shareholders' meeting.

    6.Initiate litigation against directors and senior management in accordance with the law. 7.

    Other functions and powers stipulated in the articles of association. The company's debts and bonds are related to the company's legal person and shareholders, and are not directly related to the supervisors. Additional Information:

    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. Article 148 of the Company Law stipulates that: "Directors, supervisors and senior managers violate the provisions of laws, administrative regulations or the articles of association of the company in the performance of their duties, causing losses to the public registry and judgment department."

  7. Anonymous users2024-02-05

    Supervisory shareholders can be removed through court proceedings.

    Article 149 of the Company Law stipulates that 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 in the performance of their duties and cause losses to the company.

    1. Why can't supervisors serve as managers of listed companies under the Company Law?

    The main duty of the board of supervisors is to supervise the behavior of the company's directors and senior management personnel in the performance of the company's duties from the perspective of safeguarding the company's interests, and even to litigate against the directors and senior management personnel on behalf of the company when they violate the provisions of laws, administrative regulations or the company's articles of association when performing the company's duties, causing damage to the company. In order to ensure that supervisors exercise their supervisory powers independently, objectively and impartially, directors and senior managers shall not concurrently serve as supervisors.

    2. What are the responsibilities of the chairman of the board of supervisors?

    The Chairman of the Supervisory Board generally refers to the Chairman of the Supervisory Board. The role of the Chairman of the Supervisory Board is to convene and preside over meetings of the Supervisory Board. The Chairman of the Supervisory Board also checks the company's finances;

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

    When the behavior of directors and senior management harms the interests of the company, the directors and senior management are required to make corrections;

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

    Submit proposals to the shareholders' meeting.

    Other functions and powers stipulated in the articles of association.

    Supervisors have the authority to participate in the management and supervise the company's affairs as granted 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. 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 and cause losses to the company.

    3. What are the responsibilities of the board of supervisors of the company?

    The responsibilities of the Supervisory Board of the Company are as follows:

    1. Check the company's finances;

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

    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 general meeting of shareholders.

    Article 149 of the Company Law stipulates that 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 in the performance of their duties and cause losses to the company.

  8. Anonymous users2024-02-04

    Shareholders who are subject to a lawsuit to remove the supervisors may not be sued by the court, and the shareholders' meeting may make a resolution to remove the supervisors. The vote on the recall resolution shall be passed by a majority of the voting rights held by the shareholders other than the shareholders who have been removed.

    1. The number of people attending the general meeting of shareholders is valid.

    The number of shareholders present at the meeting must be more than two-thirds to be valid. Shareholders attend the general meeting of shareholders and have one vote for each share they hold. However, if the company holds the company's shares, the company's shares do not have voting rights.

    Resolutions made at a general meeting of shareholders must be passed by a majority of the voting rights held by the shareholders present at the meeting. However, the resolution of the general meeting of shareholders to amend the articles of association, increase or decrease the registered capital, as well as the resolution of merger, division, dissolution, or change of the form of the company, must be passed by more than two-thirds of the voting rights held by the shareholders present at the meeting.

    2. Do shareholders have the right to vote?

    Shareholders have the right to vote. Voting rights are a right of shareholders to participate in the resolution of important affairs of the company, and shareholders exercise their voting rights in accordance with the proportion of their capital contributions. Shareholders attend the general meeting of shareholders and have one vote for each share they hold.

    Resolutions made by the shareholders' meeting or the general meeting of shareholders must be passed by the votes of the shareholders in the prescribed proportion.

    3. How should the company deal with the major shareholders who do not participate in the shareholders' meeting.

    When a shareholder refuses to participate in the general meeting of shareholders, it shall be handled in accordance with the articles of association of the company, and voting on important matters may be regarded as a waiver of rights.

    Shareholders of the company participate in the general meeting of shareholders and have the right to vote on the resolutions of the shareholders' meeting. Shareholders attend the general meeting of shareholders and have one vote for each share they hold. Resolutions made at a general meeting of shareholders must be passed by a majority of the voting rights held by the shareholders present at the meeting.

    Article 37 of the Company Law.

    The shareholders' meeting shall exercise the following functions and powers:

    1) Decide on the company's business policy and investment plan;

    2) To elect and replace directors and supervisors who are not employee representatives, and to decide on matters related to the remuneration of directors and supervisors;

    3) To review and approve the report of the Board of Directors;

    4) To deliberate and approve the report of the board of supervisors or supervisors;

    5) Review and approve the company's annual financial budget plan and final account plan;

    6) Review and approve the company's profit distribution plan and loss recovery plan;

    7) To make a resolution on the increase or decrease of the registered capital of the company;

    8) To make a resolution on the issuance of corporate bonds;

    9) To make resolutions on the merger, division, dissolution, liquidation or change of the form of the company.

  9. Anonymous users2024-02-03

    No, a shareholder is a shareholder, and a shareholder is the owner of the company. Supervisors are members of the company's supervisory body and are two different concepts.

    In order to remove a member of the Board of Supervisors, it is necessary to convene a shareholders' meeting or a general meeting of shareholders to elect a new Board of Auditors, and until a new Audit & Supervisory Board member is elected, he or she still needs to perform his or her duties.

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