First, the company's internal decision-making and preparation stage
First of all, the company needs to hold a shareholders' meeting or a board meeting to make a resolution on replacing supervisors and determine new supervisors. The length of this stage may vary depending on the size of the company and the efficiency of decision-making. At the same time, the company also needs to prepare relevant change application materials, such as articles of association, resolutions of shareholders' meeting or board of directors, and identity certificates of new supervisors.
Second, the application submission and review stage
After preparing the relevant materials, the company needs to submit an application for changing the supervisor to the local administrative department for industry and commerce. The length of this stage mainly depends on the audit efficiency of the industrial and commercial department and the material preparation of the company. If the materials are complete and meet the requirements, the audit process may be smooth; On the other hand, if the materials have problems or need to be supplemented, the review time may be extended.
Third, the stage of publicity and change registration
After the examination and approval, the industrial and commercial department shall make an announcement and go through the registration formalities for the change of supervisors. The publicity period is generally a certain number of days (depending on the specific provisions). If there is no objection during the period, the industrial and commercial department will formally handle the change registration and issue a new business license. The length of this stage also depends on the length of the publicity period and the efficiency of the industrial and commercial departments.
To sum up:
The length of time to change supervisors varies due to various factors, and it is impossible to give an exact answer. But generally speaking, if the company's internal processes are smooth, the materials are fully prepared, and the requirements of laws and regulations are met, the examination efficiency of the industrial and commercial departments is high, and the publicity period is short, the time for replacing supervisors may be relatively short. In order to shorten the change time as much as possible, the company should understand the relevant laws, regulations and process requirements in advance and make full preparations in advance.
Legal basis:
Company Law of the People's Republic of China
Article 37 provides that:
The shareholders' meeting shall exercise the following functions and powers: …… (10) To make resolutions on the merger, division, dissolution, liquidation or change of corporate form of the company; ……
Company Law of the People's Republic of China
Article 5 1 stipulates that:
A limited liability company shall have a board of supervisors with no less than three members. A limited liability company with fewer shareholders or smaller scale may have one or two supervisors instead of a board of supervisors. The board of supervisors shall include an appropriate proportion of shareholders' representatives and employees' representatives, of which the proportion of employees' representatives shall not be less than one third, and the specific proportion shall be stipulated in the articles of association. The employee representatives in the board of supervisors are elected by the employees of the company through employee congresses, employee congresses or other forms of democratic elections. The board of supervisors shall have a chairman, who shall be elected by more than half of all supervisors. The chairman of the board of supervisors shall convene and preside over the meeting of the board of supervisors; If the chairman of the board of supervisors is unable to perform his duties or fails to perform his duties, more than half of the supervisors shall jointly nominate a supervisor to convene and preside over the meeting of the board of supervisors. Directors and senior managers shall not concurrently serve as supervisors.