I. Legal responsibilities of supervisors:
Supervisors shall first have the obligation to abide by laws, administrative regulations and the Articles of Association. On the premise of abiding by laws and the Articles of Association, they shall perform their duty of loyalty and diligence and shall not engage in illegal business activities. The duty of loyalty and diligence of supervisors is a legal obligation to the company, not to individuals or some shareholders.
As the supervisor of the company's property, the supervisor should be the interest management company's property, supervise the operation of the company's property, ensure the safety of the company's property and realize the company's economic interests, not for the interests of individuals or some shareholders. Article 148 of the Company Law stipulates: "Directors, supervisors and senior managers who violate laws, administrative regulations or the Articles of Association when performing their duties in the company shall be liable for compensation."
Supervisors enjoy the rights conferred by laws and articles of association, participate in the management and supervision of the company's affairs, and have the obligation of loyalty and diligence to the company. When performing the duties of the Company, it shall exercise its functions and powers, perform its obligations and safeguard the interests of the Company in accordance with laws and articles of association. In order to urge supervisors to exercise their rights and perform their obligations for the company's interests in accordance with the law, so that the company's legitimate rights and interests can be restored or compensated when they are infringed, the Company Law clearly stipulates the legal responsibilities that supervisors bear when they illegally perform their duties and cause damage to the company.
According to the provisions of this article, the supervisor shall meet the following conditions for assuming the liability for compensation:
1. There must be the fact that the company is damaged;
2. The damage behavior must be the behavior of the actor in violation of laws, administrative regulations or the company's articles of association to perform the company's duties. Because this law clearly stipulates that the company's supervisors have the duty of loyalty and diligence to the company, it is also against the law for the supervisors not to perform the duty of loyalty and diligence;
3. There must be a causal relationship between the illegal act and the fact of damage;
4. The actor must be at fault, that is, he must be at fault or intentionally. According to the nature and specific situation of the infringed company's rights and interests, we can take different ways to bear the responsibility, mainly to compensate the company's property losses.
Second, the legal responsibility of the company's supervisors:
1. Check the company's finances. Check the company's finance, mainly by consulting and consulting the company's financial accounting reports and other financial accounting materials.
2. Supervise the performance of directors and senior management personnel, and put forward suggestions for recall.
3. Require directors and senior managers to correct the behaviors that harm the interests of the company.
4. Propose to convene and preside over the extraordinary shareholders' meeting.
5. Put forward proposals to the shareholders' meeting.
6. Bring legal proceedings against directors and senior management.
7. Other functions and powers as stipulated in the Articles of Association.
Supervisors enjoy the rights conferred by laws and articles of association, participate in the management and supervision of the company's affairs, and have the obligation of loyalty and diligence to the company. When performing the duties of the Company, it shall exercise its functions and powers, perform its obligations and safeguard the interests of the Company in accordance with laws and articles of association.
Legal basis:
Article 53 of the Company Law
The responsibilities and obligations of supervisors are as follows:
(a) to check the company's finances;
(2) To supervise the acts of directors and senior managers in performing the duties of the Company, and put forward suggestions for the removal of directors and senior managers who violate laws, administrative regulations, articles of association or resolutions of the shareholders' meeting;
(3) To require directors and senior managers to correct their actions when they harm the interests of the company;
(4) Proposing to convene an extraordinary shareholders' meeting, and convening and presiding over the shareholders' meeting when the board of directors fails to perform its duties as stipulated in this Law;
(five) to submit a proposal to the shareholders' meeting;
(6) In accordance with Article 151 of this Law
Provisions on bringing lawsuits against directors and senior managers;
(seven) other functions and powers stipulated in the articles of association.
(8) Attend board meetings as nonvoting delegates and raise questions or suggestions on matters resolved by the board.