(1) Having no or limited capacity for civil conduct;
(2) Being sentenced to punishment for corruption, bribery, embezzlement of property, misappropriation of property or disrupting the order of the socialist market economy, and the execution period is less than five years, or being deprived of political rights for committing a crime, and the execution period is less than five years;
(3) If the directors, factory directors and managers of a bankrupt company or enterprise are personally responsible for the bankruptcy of the company or enterprise, it has not been more than three years since the date of completion of the bankruptcy liquidation of the company or enterprise;
(4) Being the legal representative of a company or enterprise whose business license has been revoked due to violation of law and ordered to close down, and having personal responsibility, it has not been more than three years since the date when the business license of the company or enterprise was revoked;
(five) a large amount of debt owed by an individual has not been paid off due.
If the company elects, appoints directors, supervisors or employs senior management personnel in violation of the provisions of the preceding paragraph, the election, appointment or appointment shall be invalid.
The company shall remove the directors, supervisors and senior managers from their posts under any of the circumstances listed in the first paragraph of this article during their term of office.
Explain that this article is about the negative qualifications of directors, supervisors and senior managers.
This article stipulates the passive qualifications of directors, supervisors and senior managers of the company, that is, the situation that they are not allowed to serve as directors, supervisors and senior managers of the company. According to the provisions of this article, a person under any of the following five circumstances may not serve as a director, supervisor or senior manager of the company:
(1) No or limited capacity for civil conduct. This is the basic requirement for directors, supervisors and senior managers of the company. Directors, supervisors and senior managers must be persons with full capacity for civil conduct before they can perform their duties, independently exercise their rights, perform their obligations and assume responsibilities.
(2) Being sentenced to punishment for corruption, bribery, embezzlement of property, misappropriation of property or disruption of the order of the socialist market economy, and being deprived of political rights for less than five years. Directors, supervisors and senior managers should have high integrity in managing and supervising the operation of the company's property. Those who seek personal gain by illegal means shall be restricted from serving as directors, supervisors and senior managers of the company. Therefore, for those who have been sentenced to punishment or deprived of political rights for committing crimes of corruption, bribery, embezzlement, misappropriation of property or disrupting the order of socialist market economy, it is not appropriate for them to hold leadership positions in the company within a certain period after the expiration of the penalty execution.
(3) Those who have served as directors, factory directors and managers and are personally responsible for the bankruptcy of the company or enterprise have not been more than 3 years since the date of bankruptcy liquidation of the company or enterprise. People in this situation usually lack management ability, so they should be allowed to practice for a while and then engage in company management after improving their ability.
(4) Being the legal representative of a company or enterprise whose business license has been revoked and ordered to close due to violation of law, and having personal responsibility, it has not been more than three years since the date when the business license of the company or enterprise was revoked. Such personnel are responsible for serious illegal acts of companies and enterprises. Due to the lack of law-abiding consciousness, they should be allowed to take the leadership positions of the company after a period of reflection and transformation, strengthen their legal concept and cultivate law-abiding consciousness.
(five) a large amount of debt owed by an individual has not been paid off due. This situation may occur because the parties fail to keep their promises, the debts due are not paid off, or the parties are unable to repay them. In either case, it is risky to hire such a person to hold a leadership position in the company.
According to the provisions of the second and third paragraphs of this article, the election, appointment and appointment made by the company in violation of the provisions of the first paragraph are invalid. If the above-mentioned relevant personnel are found to be unqualified during their tenure, the company shall revoke their positions and re-employ.