What are the special provisions for the conduct of supervisors and senior managers?

Updated on workplace 2024-07-01
3 answers
  1. Anonymous users2024-02-12

    Where an enterprise's directors, supervisors, or senior managers violate their duties of loyalty or diligence, causing the enterprise to go bankrupt, they shall bear civil liability in accordance with law. They shall not serve as directors, supervisors or senior managers of any enterprise for three years from the date of the conclusion of bankruptcy proceedings.

    Enterprise Bankruptcy Law of the People's Republic of China

    Article 125:Where enterprise directors, supervisors, or senior managers violate the duty of loyalty or diligence, causing the enterprise to which they belong to go bankrupt, they bear civil liability in accordance with law.

    Persons under the circumstances provided for in the preceding paragraph shall not serve as directors, supervisors, or senior managers of any enterprise for three years from the date of the conclusion of bankruptcy proceedings.

  2. Anonymous users2024-02-11

    It's not auspicious. Company.

    Article 216 stipulates the meanings of the following terms in this Law:

    1) Senior management personnel refer to the company's managers, deputy managers, financial leaders, secretaries of the board of directors of listed companies and other personnel specified in the company's articles of association.

    2) The controlling shareholder refers to the shareholder whose capital contribution accounts for more than 50% of the total capital of a limited liability company or whose shares hold more than 50% of the total share capital of the company, or whose shares account for more than 50% of the total share capital of the shares, although the proportion of capital contributed or the proportion of shares held by the shareholder is less than 50%, but the voting rights enjoyed by the shareholder according to the amount of capital contribution or the shares held by the shareholder are sufficient to have a significant impact on the resolution of the shareholders' meeting and the general meeting of shareholders.

    3) "Actual controller" refers to a person who is not a shareholder of the company, but is able to actually control the company's behavior through investment relationships, agreements or other arrangements.

    4) "Affiliation" refers to the relationship between the controlling shareholder, actual controller, director, supervisor and senior manager of the company and the enterprises directly or indirectly controlled by the company, as well as other relationships that may lead to the transfer of the company's interests. However, state-controlled enterprises are not only related to each other because they are also controlled by the state. Then, as stipulated in the first paragraph, supervisors are not senior managers.

  3. Anonymous users2024-02-10

    In any of the following circumstances, they shall not serve as directors, supervisors, or senior managers of the company:

    1) Lack of or limited capacity for civil conduct.

    2) Being sentenced to a criminal punishment for corruption, bribery, embezzlement of property, misappropriation of property, or undermining the order of the socialist market economy, and the period of enforcement has not yet exceeded 5 years, or being deprived of political rights for committing a crime, and the period of enforcement has not exceeded 5 years.

    3) If he serves as a director, factory director or manager of a state company or enterprise in bankruptcy liquidation, and bears personal responsibility for the bankruptcy of the company or enterprise, it shall not exceed 3 years from the date of completion of the bankruptcy liquidation of the company or enterprise.

    4) Serving as the legal representative of a company or enterprise whose business license has been revoked or ordered to be closed down due to violations, and who bears personal responsibility, has not exceeded 3 years from the date on which the company's or enterprise's business license was revoked.

    5) Debts of a large amount of personal debts are not paid off when due.

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