What is the difference between a shareholder and a director, and the difference between a shareholde

The difference between directors and shareholders: shareholders are the basis of the existence of the company and the core element of the company, without shareholders, there can be no company; Directors are elected by the shareholders' meeting or general meeting of shareholders and can be held by shareholders or non-shareholders.

A shareholder is an individual or entity that has limited or unlimited liability for the debts of a joint-stock company and is entitled to dividends and bonuses by virtue of their holdings. Shareholders who contribute capital to the joint-stock company to subscribe for ** have both certain rights and obligations. The main rights of shareholders are:

Participate in shareholders' meetings and have the right to vote on major matters of the company; the right to vote for directors and supervisors of the company; distribution of the company's earnings and the right to dividends; the right to issue a request; ** Right to request transfer; the right to request for the change of bearer to registered**; The right to dispose of the residual property in the event of the company's business failure, declaration of closure and bankruptcy. The size of shareholder rights depends on the type and amount of ** held by shareholders.

A shareholder is a person who holds shares in a joint-stock company or limited liability company and has the right to attend and vote at general meetings, and also refers to investors in other joint ventures.

Directors, also known as executive directors, refer to the personnel elected by the company's shareholders' meeting with actual power and authority to manage the company's affairs, and are the main force of the company's internal governance, managing the company's affairs internally and representing the company's economic activities externally. The person occupying the directorship can be either a natural person or a legal person. However, when a legal person acts as a director of the company, it shall designate a natural person with legal capacity as the ** person.

So directors don't have to be shareholders.

The differences between shareholders and directors are as follows:

1. The relationship with the company, shareholders are the basis of the existence of the company; Directors can be shareholders or non-shareholders;

2. Whether it is a natural person, there are two kinds of shareholders, which can be natural person shareholders or corporate shareholders, but the directors can only be natural persons;

3. Whether you can become a legal representative, only a director can become;

4. Functional division, the shareholders' meeting is the power body, and the board of directors is the executive body of the company's decisions.

Shareholders, that is, investors or investors of joint-stock companies, as capital contributors, enjoy the rights of the owners to share the profits, make major decisions, and choose managers according to the amount of capital contribution. Among the shareholders, Dong, originally meant "master", and shareholders, that is, the owners of shares, were simply understood as "bosses".

Directors are democratically elected by the shareholders' meeting or employees, and may be held by shareholders or non-shareholders. The term of office of directors is generally stipulated in the company's internal rules, and there are two types: fixed and indefinite. The term of office of directors is regularly limited to a certain period of time, but each term shall not exceed three years.

Indefinite refers to a re-election that lasts three years from the date of the term of office. Directors may be re-elected upon expiration of their term of office.

Legal basis] Company Law of the People's Republic of China

Article 36 The shareholders' meeting of a limited liability company shall be composed of all shareholders. The shareholders' meeting is the authority of the company and exercises its functions and powers in accordance with this Law.

The general meeting of shareholders is the highest authority of the company, which is composed of all shareholders, makes decisions on major matters of the company, has the right to elect and remove directors, and has extensive decision-making power over the operation and management of the company. The general meeting of shareholders is not only a regular or temporary meeting attended by all shareholders, but also a non-permanent supreme authority of a company composed of all shareholders. It is an organization in which shareholders, as the owners of the property of the enterprise, exercise the right to manage the property of the enterprise.

All major personnel appointments and dismissals and major business decisions of an enterprise are generally effective only if they are approved and approved by the shareholders' meeting.

The board of directors is a business decision-making body composed of directors who are in charge of the company's affairs internally and represent the company externally. The board of directors has a chairman and a vice chairman, and the chairman of the board of directors Yuan Qin and the vice chairman are elected by the board of directors, and the term of office of the directors is three years, and the term of office expires, and the directors may be re-elected before the expiration of the term of office, and the shareholders' meeting shall not remove them from their positions without reason.

Regarding the difference between the shareholders' meeting and the board of directors, the board of directors is like the standing committee of the people's congress, the shareholders' meeting is the people's congress, the shareholders' meeting is the highest decision-making body, and the board of directors is the highest executive body.

Legal basis: Article 36 of the Company Law of the People's Republic of China: The shareholders' meeting of a limited liability company shall be composed of all shareholders. The shareholders' meeting is the authority of the company and exercises its functions and powers in accordance with this Law.

Legal Analysis:1The roles of the two in the company are different; Shareholders are investors in a joint-stock company, directors are elected by shareholders and are the managers of the company, and the chairman of the board of directors is a person on the board of directors.

Not necessarily every ** Dong becomes a director, but there is at least one director. 2.The status of the two in the company is different; Shareholders cannot become legal representatives, only directors can become legal representatives.

For companies without a board of directors, the manager serves as the legal representative.

Legal basis: Article 46 of the Company Law of the People's Republic of China The board of directors is responsible to the shareholders' meeting and exercises the following functions and powers: (1) to convene 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) Formulating the profit distribution plan of Kuanzhi Company and making up for the loss; (6) Formulating plans 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) Decide on the appointment or dismissal of the company's managers and their remuneration, and decide on the appointment or dismissal of the company's deputy managers, financial leaders and their remuneration based on the nomination of the manager; (10) Formulate the company's basic management system; (11) Other functions and powers stipulated in the articles of association.

Summary. Hello! <>

Dear, glad to answer for you! <>

The differences between shareholders and directors are: 1. The identities are different, the shareholders are investors in the joint-stock company, and the directors are elected by the shareholders and belong to the managers of the company. 2. The conditions are different, as long as you participate in the company's interest sales, you can be a shareholder of the company, while the director is elected by the general meeting of shareholders and the general meeting of workers, and can be served by shareholders or non-shareholders.

What is the difference between a shareholder and a director.

Hello! <>

Dear, glad to answer for you! <>

The difference between shareholders and directors is as follows: 1. The identities are different, the shareholders are investors in the joint-stock company, and the directors are elected by the shareholders and belong to the managers of the company. 2. The conditions are different, as long as you participate in the company's interest sales, you can be a shareholder of the company, and the directors are elected by the general meeting and the general meeting of employees, and can be taken by shareholders or non-shareholders.

Director is a position name in an enterprise. According to the relevant provisions of Chapter VI of the Company Law of the People's Republic of China, a director refers to a person democratically elected by the company's shareholders (general meeting) or employees who has actual power and authority to manage the company's affairs, and is the main force of the company's internal governance, managing the company's affairs internally and carrying out economic activities on behalf of the company externally. Shareholders, i.e., investors of joint-stock companies or investors, as capital contributors, enjoy the rights of the owners to share profits, make major decisions, and choose managers according to the amount of capital they contribute.

The differences between shareholders and directors are as follows:

1. Shareholders are the basis of the company's existence and the core element of the company. Directors are elected by the shareholders' meeting or general meeting of shareholders and can be held by shareholders or non-shareholders. Directors are elected by shareholders and are the managers of the company, and the chairman of the board of directors is not necessarily a director of every company, but there is at least one director;

2. The shareholder can be a natural person shareholder or a legal person shareholder, but the director must be a natural person;

3. Only directors can become legal representatives. For companies without a board of directors, the manager serves as the legal representative.

4. The shareholders' meeting is the authority in the company and makes substantive decisions on the management of the company; The board of directors is the executive body of the company's decision-making, not the authority. The Company Law makes a clear distinction between the terms of reference of the two.

Legal basis: Article 16 of the Company Law of the People's Republic of China stipulates that if a company invests in other enterprises or provides guarantees for others, it shall be resolved by the board of directors or the shareholders' meeting or the general meeting of shareholders in accordance with the provisions of the articles of association; Where the articles of association of the company stipulate a limit on the total amount of investment or guarantee and the amount of a single investment or guarantee, it shall not exceed the prescribed limit.

If a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the general meeting of shareholders.

The shareholders provided for in the preceding paragraph, or the shareholders under the control of the actual controller provided for in the preceding paragraph, must not participate in the voting on the matters provided for in the preceding paragraph. The vote was passed by a majority of the voting rights held by the other shareholders present at the meeting.

Article 22.

The content of the resolution of the company's shareholders' meeting, shareholders' general meeting or board of directors violates laws and administrative regulations is invalid.

Where the convening procedures and voting methods of the shareholders' meeting, the general meeting of shareholders or the board of directors violate laws, administrative regulations or the articles of association, or the content of the resolution violates the articles of association, the shareholders may request the people's court to revoke the resolution within 60 days from the date on which the resolution is made.

Where a shareholder initiates a lawsuit in accordance with the provisions of the preceding paragraph, the people's court may, at the request of the company, require the shareholder to provide corresponding guarantees.

If the company has already changed the registration in accordance with the resolution of the shareholders' meeting, the general meeting of shareholders or the board of directors, the people's court shall apply to the company registration authority for cancellation of the change registration after the people's court declares the resolution invalid or revokes the resolution.

Legal Analysis: 1. Different identities. Shareholders are investors in a joint-stock company, and directors are elected by shareholders and are the managers of the company.

2. The determination conditions are different. A shareholder is a shareholder of a company as long as he participates in the sale of interests in a company, and the director has the authority of the board of directors of the company or enterprise, which is determined by three ways: legal provisions, articles of association, and resolutions made by the general meeting of shareholders.

Legal basis: Article 37 of the Company Law of the People's Republic of China provides that the shareholders' meeting shall exercise the following functions and powers: (1) to 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 in the event of an uproar.