In today's society, the establishment of a company generally includes directors, supervisors, senior management, employees, etc. It is stipulated in the law of our country that if a company is established, how does the company law stipulate the term of office of supervisors?
Netizen consultation:
How does the Company Law stipulate the term of office of supervisors?
Lawyer answers:
If the term of office of the supervisor expires and the supervisor is not re-elected in a timely manner upon the expiration of the term of office, or if the resignation of the supervisor during the term of office causes the members of the board of supervisors to fall below the quorum, the original supervisor shall still need to perform his duties as a supervisor in accordance with the provisions of laws, administrative regulations and the articles of association of the company before the re-elected supervisor takes office.
According to Article 52 of the Company Law of the People's Republic of China, the term of office of a supervisor is three years. Supervisors may be re-elected upon expiration of their term of office. Where a supervisor fails to be re-elected in a timely manner upon the expiration of his or her term of office, or where a supervisor resigns during his term of office, resulting in a lower than the quorum of the board of supervisors, the original supervisor shall still perform his duties as a supervisor in accordance with the provisions of laws, administrative regulations, and the articles of association of the company before the re-elected supervisor takes office.
Lawyer adds:
The functions and powers of the Supervisory Board of the Company are as follows:
a) Check the company's finances;
2) To supervise the performance of the duties of the directors and senior management personnel, and to propose the removal of directors and senior management personnel who violate laws, administrative regulations, the articles of association or the 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 make corrections;
4) 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;
5) To make a proposal to the shareholders' meeting;
6) Initiate litigation against directors and senior management in accordance with the provisions of the Company Law;
7) Attend meetings of the Board of Directors as non-voting delegates and make questions or suggestions on matters resolved by the Board of Directors
8) Conduct an investigation when the company's business situation is abnormal;
9) Other functions and powers stipulated in the articles of association.
[Laws and Regulations].
Article 52 of the Company Law of the People's Republic of China The term of office of a supervisor shall be three years.
Supervisors may be re-elected upon expiration of their term of office.
Where a supervisor fails to be re-elected in a timely manner upon the expiration of his or her term of office, or where a supervisor resigns during his term of office, resulting in a lower than the quorum of the board of supervisors, the original supervisor shall still perform his duties as a supervisor in accordance with the provisions of laws, administrative regulations, and the articles of association of the company before the re-elected supervisor takes office.
Article 55 of the Company Law of the People's Republic of China The board of supervisors shall convene a meeting at least once a year, and the supervisors may propose to convene a meeting of the temporary board of supervisors.
Except as otherwise provided in this Law, the manner of deliberation and voting procedures of the board of supervisors shall be prescribed by the articles of association.
The resolution of the board of supervisors shall be passed by more than half of the supervisors.
The board of supervisors shall make minutes of the decisions on the matters discussed, and the supervisors attending the meeting shall sign the minutes.
Profile of lawyer Wu Kaiqi
I graduated from the Law Department of Liaoning University and have 13 years of legal experience in large real estate companies, specializing in corporate law, construction contracts, economic disputes, labor disputes, intellectual property rights and other fields.