Who has more control than the executive director or the majority shareholder?

Any company is the largest shareholders' meeting, and it can change the board of directors, and thus the executive director, legal representative, and general manager. However, the voting at the shareholders' meeting is decided by the shares shared, not by the so-called majority shareholders (unless you own more than 50% of the shares or have a total of more than 50% of the shares agreed, note that it is above). Before the change, the specific who is the largest depends on the provisions of the charter and the authorization of the board of directors.

Further information: 1. Executive Director.

Executive director refers to a director who is involved in the management of the business. In the legal sense, it refers to the position of small **** operation and management without the establishment of a board of directors; In the sense of a listed company, there is no clear legal basis. Executive and non-executive directors are relative.

Executive directors have the same duties as an ordinary company board of directors and are accountable to the general meeting of shareholders.

2. Shareholders. A shareholder is an individual or entity that bears limited or unlimited liability for the debts of a joint-stock company and enjoys dividends and bonuses by holding shares. Shareholders who subscribe for shares in a joint-stock company have certain obligations in addition to certain rights.

The main rights of shareholders are: to participate in the general meeting of shareholders and have the right to vote on major matters of the company; the right to vote for directors and supervisors of the company; the right to distribute the company's profits and the right to dividends; ** The right to issue creditor's rights; the right to request the transfer of **; the right to request the change of bearer to registered; The right to dispose of the remaining property in the event that the company is declared bankrupt and the company is declared bankrupt. The size of a shareholder's rights depends on the type and number of shares held by the shareholder.

3. The main role of shareholders As investors, shareholders enjoy the right of owners to share profits, make major decisions and choose managers. Effect of promoting economic development. Promote the horizontal financing of funds and the horizontal connection of the economy, and improve the overall efficiency of resource allocation.

4. Rights of shareholders.

Participate in the shareholders' meeting and enjoy the right to vote according to their capital contributions: Shareholders have the right to vote within the scope of the shareholders' meeting, and they also have the right to appoint and dismiss directors and supervisors, as well as the decision-making power reflected in the company's major matters, such as the increase or decrease of the company's capital, the company's merger and division, etc.

Right of access: Shareholders should participate in the decision-making of major matters of the company, and the premise is to grasp the company's operating conditions.

Preferential transfer and subscription of new shares: According to Article 35 of the Company Law, other shareholders have the right of first refusal to purchase the capital contribution transferred with the consent of the shareholders, subject to the same conditions.

The right to transfer capital contributions or shares: According to the principle of maintaining the company's capital, the law prohibits shareholders from withdrawing their capital contributions after they have acquired equity after they have contributed capital to the company.

The right to claim the distribution of the company's remaining property.

You're thinking too superficially about business partnerships. Let me help you explain, the founder is also the owner of the project established by the company, he is the permanent control of the company's project, and your so-called executive sensibility is wrong, this kind of character expression should be venture capital.

Only do investment, do not control the project, the profit proportion sharing contract generated by the project will be written very clearly, the final holding problem you are worried about will not be a problem, the project will always be controlled by the founder, and the operating assets will always be controlled by venture capital. If there is a disagreement, both of them can cancel the cooperation, withdraw the project and find another venture capital, or withdraw the assets to find another project, and there is no conflict with each other! There is a contract during the period!

In a limited liability company, the executive director is the chairman of the board of directors and has more power than the general manager.

The differences between a general manager and an executive director are as follows:

1. The two are produced in different ways; Executive directors are elected by the shareholders' meeting, and the general manager is appointed by the board of directors (or executive directors) and is responsible to the board of directors (or executive directors).

2. The powers and roles of the two are different; The general manager is appointed by the board of directors (or executive directors) and is responsible to the board of directors (or executive directors), and under the authorization of the board of directors (or executive directors), he implements strategic decisions to achieve the business objectives set by the board of directors (or executive directors), and appoints management personnel through the establishment of the necessary functional and capable departments, so as to form an organization, management and leadership system centered on the general manager and implement effective management of the company.

Legal Analysis: Major shareholders have the final say. The shareholders' meeting is the owner of the company, and the board of directors is the manager of the company. The shareholders' meeting is the authority of the company, and the board of directors is only an executive body.

Legal basis: Article 37 of the Company Law of the People's Republic of China of Mingbo Liquid The shareholders' meeting exercises 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 company's increase or decrease of the registered capital;

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;

10) Amend the articles of association;

11) Other functions and powers stipulated in the articles of association.

Article 46 The board of directors shall be responsible to the shareholders' meeting and exercise the following functions and powers:

1) Convene a meeting of the shareholders' meeting and report to the shareholders' meeting;

2) Implement the resolutions of the shareholders' meeting;

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

4) Formulate the company's annual financial budget plan and final account plan;

5) Formulate the company's profit distribution plan and loss recovery plan;

6) Formulate a plan for increasing or decreasing the company's registered capital and issuing corporate bonds;

7) Formulating a plan for the merger, division, dissolution or change of the form of the company;

8) Decide on the establishment of the company's internal management organization;

9) To decide on the appointment or dismissal of the company's managers and their remuneration, and to decide on the appointment or dismissal of the company's deputy managers, financial directors and their remuneration based on the nomination of the managers;

10) Formulate the company's basic management system;

11) Other functions and powers stipulated in the articles of association. That is to say, the law stipulates the functions and powers of the shareholders' meeting and the board of directors in the form of enumeration, and gives the articles of association the right to add other functions and powers of the shareholders' meeting and the board of directors.

Legal Analysis: Any company is the largest shareholder in dispute, and it can change the board of directors, thereby changing the executive director, legal representative and general manager. However, the voting at the shareholders' meeting is decided by the shares shared, not by the so-called major shareholders (unless you alone account for more than 50% of the shares or have a total of more than 50% of the shares agreed to coincide with the imitation, note that it is above).

Legal basis: Company Law of the People's Republic of China 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. Executive Dong Xiaoxian can also serve as the manager of the company.

The duties and powers of executive directors are stipulated in the articles of association.

There is no vice chairman if there are executive directors, and executive directors are the alternative bodies when the company does not have a board of directors, which is equivalent to a simplified board of directors. Jelly Bi is just one person who has all the rights of the board of directors.

Legal basis: Article 20 of the Company Law of the People's Republic of China stipulates that shareholders of a company shall abide by laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights to harm the interests of the company or other shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.

If a shareholder of the company abuses the rights of the company and causes losses to the company or other shareholders, he shall be liable for compensation in accordance with the law.

Where a shareholder of a company abuses the independent status of the company's legal person and the limited liability of shareholders to evade debts and seriously harm the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.