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." Therefore, if the supervisor is at fault or gross negligence, he should bear certain responsibilities, such as failing to find and stop the illegal business activities of the company, and should bear corresponding legal responsibilities; If the company's illegal operation is suspected of committing a crime, the supervisor may also be affected to some extent. As a supervisor of the company, you need to be very cautious, because there are legal risks that need to bear the responsibility of the supervisor without knowing the operation of the company.
Two. Power of supervisors
According to the Articles of Association (draft), the Board of Supervisors (supervisors) shall mainly exercise the following functions and powers:
1. Review the company's periodic reports prepared by the board of directors and put forward written review opinions;
2. Supervise the performance of directors and senior management personnel in the company's duties, and put forward suggestions for the removal of directors and senior management personnel who violate laws, administrative regulations, articles of association or resolutions of the shareholders' meeting;
3. When the actions of directors and senior managers harm the interests of the company, they are required to correct them;
4. Put forward proposals to the shareholders' meeting;
5. If the company is found to be abnormal, it can be investigated. When necessary, professional institutions such as accounting firms and law firms can be hired to assist in their work, and the expenses shall be borne by the company.
If you don't perform your duties, you will bear legal responsibility.
Third, how to revoke the position of supervisor?
A resolution of the shareholders' meeting (or a resolution of shareholders, applicable to a one-person company), a company registration form and a copy of the business license are required. When the number of supervisors is less than the number stipulated in the articles of association or laws due to the resignation of supervisors, the resigned supervisors have the obligation to continue to perform their duties until a new supervisor is created.
If you blindly promise to be a supervisor and provide your ID card and other information without knowing the actual situation of the company, there will be certain legal risks, so being a supervisor needs to do what you can, otherwise you will be in danger.