A supervisor may be a shareholder, but the legal representative shall be selected from among directors and senior management personnel, and directors and senior management personnel shall not serve as supervisors at the same time. According to Article 13 of the Company Law, the legal representative of the company serves as the chairman, executive director or manager in accordance with the articles of association and is registered according to law. Article 51 stipulates that a limited liability company shall set up a board of supervisors with not 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. Directors and senior managers shall not concurrently serve as supervisors.
The duties of the supervisor include:
1. has the right to propose an extraordinary general meeting of shareholders;
2. Have the right to request the directors and general managers who perform the company's business to report the company's business;
3, responsible for the supervision, inspection and assessment of personnel at all levels;
4, responsible for inspection, supervision and assessment of the management of various departments;
5. Be responsible for inspecting and supervising the management of overseas institutions;
6. Have the right to put forward suggestions and opinions on the operation and management of the company;
7. Have the right to question the company's problems;
8. Responsible for other important work assigned by the resolution of the shareholders' meeting;
9. Be fully responsible for the work undertaken.
To sum up, the legal representative and the supervisor cannot be the same person.
Legal basis:
Article 13 of the Company Law
The legal representative of the company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law.
Article 51
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. Directors and senior managers shall not concurrently serve as supervisors.