How can the actual controller and ultimate beneficiary not be the chairman? 10

The chairman of the board of directors of an enterprise is often the largest shareholder or represents the largest shareholder. But now that the shareholders of the company are diversified, sometimes the largest shareholder is inconvenient or does not want to come forward, so he will not serve as the chairman of the company. There are even more companies whose chairman is just a nominal one, and he doesn't even have any shares, and the real boss is hiding behind his back.

The directors supervise the movement of the assets of the joint-stock company on behalf of the shareholders. The majority shareholder may feel that someone is better equipped to monitor the company's assets, or that there are many other companies that need to be supervised. Being a director does not fulfill a good regulatory duty.

In addition, it is more familiar with the management of the enterprise, which will cause the emotional factor to be added to the decision-making cannot be objectively evaluated, or the right to be exercised. So not the chairman. The chairman does not have to hold shares.

For example, the chairman of a food company may not hold shares, but he is an operational expert in related aspects, and he is responsible for supervising whether the management of the company has made the right decisions. Better than someone who holds the largest shares, but is not an expert in the relevant area. Because the chairman is responsible for the company's assets.

The actual controller and ultimate beneficiary are not the chairman of the board of directors, because the actual controller and ultimate beneficiary believe that the chairman elected by the board of directors is more qualified to be the chairman of the board of directors and better manage the company.

The actual controller is the real boss and is in charge of people, and the chairman is a senior worker and is in charge of affairs. The realm is different.

Dear, the general legal person is just the top pot. The final direction boss is behind the stage.

The chairman of the board of directors may appoint and dismiss the actual controller, and the actual controller may manage and lead the enterprise and judge all business activities. The enterprise has an actual controller, and the chairman of the board of directors has no right to directly manage specific business activities. The chairman is the largest boss of the company, holding the company's equity and determining the company's development strategy.

The president is the company's largest worker, a professional manager, responsible for the daily management of the company, and planning the company's development, but the decision to implement the plan is in the hands of the board of directors. The position of president is not available in every company, only in some specific companies.

The chairman of the board of directors is the highest symbol of the company's power, and in theory it is the ** of all the power of the company's management. The chairman of the board of directors is the boss of the company, does not belong to the category of the company's employees, and is also the highest representative of the interests of the company's shareholders. The chairman is the strategic decision-maker.

The president is generally appointed and removed by the board of directors, but in some companies the owner (boss) of the company is both the chairman and the president. The identity and position of shareholders should be separated from the company's biggest "official" is the actual controller, and the highest management body is the shareholders' meeting, in which the major shareholders have the greatest rights. Shareholders elect members of the board of directors to form the board of directors, and the chairman of the board of directors is elected by the board of directors, which is simply understood to mean that the board of directors is also working for the shareholders' meeting.

The governor of Dong Jubo Prefecture can also be a major shareholder, a small shareholder, or a non-shareholder. A legal person can be a major shareholder, a minority shareholder, or a non-shareholder, and may or may not hold office. To sum up, it depends on the situation as to who has the most rights, the chairman of the board of directors or the legal person.

The chairman of the board of directors can appoint and dismiss the actual controller, and the actual controller can manage and lead all the business activities of the company. The enterprise has an actual controller, and the chairman of the board of directors has no right to directly manage the specific business activities of the Spring Banquet.

Legal Analysis: Actual controller: refers to a person who is not a shareholder of the company, but can actually control the company's behavior through investment relationships, agreements or other arrangements.

In short, the actual controller is the natural person, legal person or other organization that actually controls the rolling of the listed company. Beneficial owner: According to the regulations of the People's Bank of China, the beneficial owner refers to one or more natural persons who ultimately hold control or obtain benefits

Legal basis: Article 216 of the Company Law of the People's Republic of China A controlling shareholder refers to a shareholder whose capital accounts for more than 50% of the total capital of a limited liability company or whose shares account for more than 50% of the total share capital of the company; Shareholders whose capital contribution or shareholding ratio is less than 50%, but whose voting rights are sufficient to have a significant impact on the resolutions of the shareholders' meeting or shareholders' general meeting according to their capital contribution or shares. The actual controller refers to a person who is not a shareholder of the company, but can actually control the company's behavior through investment relationships, agreements or other arrangements.

The difference between the actual controller and the beneficial owner is that the actual controller refers to the person who can control the company, and the beneficial owner refers to the natural person who owns the shares or the voting rights and property balance. The actual controller refers to a person who is not a shareholder of the company, but can actually control the company's behavior through investment relationships, agreements or other arrangements.

The ultimate beneficiary is the shareholder. According to Article 37 of the Interim Measures for the Administration of Equity of Commercial Banks, a commercial bank shall, through semi-annual reports or annual reports, disclose the equity information of commercial banks in a true, accurate and complete manner through official channels such as semi-annual reports, and the disclosure content includes: (1) Changes in the total number of shareholders at the end of the reporting period, the total number of shareholders and the reporting period; (2) The top ten shareholders of the company at the end of the reporting period; (3) The major shareholders and their controlling shareholders, actual controllers, related parties, persons acting in concert and ultimate beneficiaries at the end of the reporting period; (4) Transactions with major shareholders and their controlling shareholders, actual controllers, related parties, persons acting in concert and ultimate beneficiaries during the reporting period; (5) The equity of the bank pledged by the major shareholders; (6) Shareholders nominated directors and supervisors; (7) Other information prescribed by the CBRC.

Article 40 The CBRC and its dispatched agencies shall strengthen the penetrating supervision of the shareholders of commercial banks, and strengthen the examination, identification and identification of major shareholders and their controlling shareholders, actual controllers, joint parties, persons acting in concert and ultimate beneficiaries. The major shareholders of commercial banks and their controlling shareholders, actual controllers, related parties, persons acting in concert and ultimate beneficiaries shall be subject to the determination of the CBRC or its dispatched agencies.

Legal analysis: The ultimate beneficiary is the actor who finally obtained benefits in the company's operation before Mengbu, and the shareholder is able to obtain corresponding dividends from the company's profits, and the shareholders seem to be similar to each other to a certain extent.

Legal basis: "Company Law of the People's Republic of China" Article 5 The company engaged in business activities must comply with laws and administrative regulations, abide by social morality and business ethics, be honest and trustworthy, accept the supervision of the public and assume social responsibility. The legitimate rights and interests of the company are protected by law and are not infringed.