Second, specifically:
(1) Analysis:
1. Under normal circumstances, a company with a small number of people and a small scale may not have a board of directors, a board of supervisors or a manager.
2. A limited liability company may set up a board of directors with 3- 13 members. The board of supervisors may be composed of three or more members. It is also possible to have an executive director instead of a board of directors; There is no board of supervisors, and there are 1-2 supervisors.
(2) Legal basis:
Paragraph 1 of Article 44 of the Company Law stipulates that a limited liability company shall have a board of directors with 3 to 13 members; However, unless otherwise stipulated in Article 5 1 of this Law. Article 50, paragraph 1 stipulates that a limited liability company with a small number of shareholders or a small scale may have 1 executive directors without a board of directors. The executive director may concurrently serve as the company manager. Paragraph 1 of Article 5 1 stipulates that a limited liability company shall set up a board of supervisors with at least three members. A limited liability company with a small number of shareholders or a small scale may have 1 to two supervisors without a board of supervisors.
Third, expand information:
1. Board of Directors:
1) The board of directors is a business decision-making body composed of directors, which is responsible for the company's affairs internally and represents the company externally. The company has a board of directors, which is elected by the general meeting of shareholders. The board of directors has a chairman and a vice chairman. The chairman and vice chairman are elected by the board of directors. The term of office of the directors is three years, and they can be re-elected at the expiration of the term. Before the expiration of his term of office, the shareholders' meeting shall not dismiss him without reason.
2) The board of directors is an operating executive body composed of all directors, which is established in accordance with relevant laws, administrative regulations and policies and the articles of association of the company or enterprise. It has the following characteristics: the board of directors is the business executive organ of the authority of shareholders' meeting or employees' meeting, responsible for the command and management of the company or enterprise and its business activities, and responsible for the company's shareholders' meeting or enterprise shareholders' meeting and reporting its work. The board of directors must implement the decisions made by the shareholders' meeting or the employees' shareholders' meeting on major issues of the company or enterprise.
2. Executive directors and non-executive directors are relative. The so-called executive director is a director who participates in the operation of the enterprise. The executive director is also called an active director. It refers to a director who is appointed to hold a specific position within the board of directors and has professional responsibility for that position. The executive director is an employee of the company. Independent directors have nothing to do with the company. You can express your opinions independently and express your opinions on the decisions of the company's board of directors, including some major issues. The CSRC requires that its opinions must be independent and will not be influenced by the interests of a certain group.
3. Board of Supervisors:
The board of supervisors is composed of supervisors elected by the shareholders' (general) meeting and supervisors democratically elected by the employees of the company, and it is a statutory permanent institution to supervise and inspect the company's business activities. The board of supervisors, also known as the company supervision committee, is a statutory and necessary supervision institution of joint-stock companies. It is an internal organization set up side by side with the board of directors under the leadership of the shareholders' meeting, and exercises supervision over the administrative management system of the board of directors and the general manager.