For joint stock limited companies, Article 110 of the Company Law stipulates that the board of directors shall have a chairman and may have a vice-chairman. The chairman and vice-chairman are elected by the board of directors by more than half of all directors.
Question 2: How does the company law provide for the election of the chairman? Hello! According to Article 45 of the Company Law, a limited liability company shall set up a board of directors with three to thirteen members. Article 109 A joint stock limited company shall have a board of directors with five to nineteen members. Article 110 The board of directors shall have a chairman and may have a vice-chairman. The chairman and vice-chairman are elected by the board of directors by more than half of all directors.
Question 3: Does the chairman of the company have to be elected among the board members? Members of the board of directors are elected by the shareholders' meeting. The chairman is elected by the board members, and the chairman must be a member of the board.
In addition, the chairman is elected by the board members when the board meeting is held. How to elect a chairman who is not on the list of board members? Unless the election procedure is wrong, it is not elected by the board members.
Note that the shareholders' meeting only has the power to elect directors, but not the chairman!
Question 4: How did the chairman of a limited liability company come into being? Generally speaking, he is elected by the shareholders' meeting, depending on the provisions of the company's articles of association.
Question 5: How is the chairman of a joint stock limited company elected? According to the company law of our country, the board of directors of a joint stock limited company shall have a chairman, who shall be elected by more than half of all directors.
Question 6: How to form the board of directors of a company Specific provisions of the Company Law: Article 45 A limited liability company shall have a board of directors with three to thirteen members. Except as otherwise provided in Article 51 of this Law. A limited liability company established by two or more state-owned enterprises or other two or more state-owned investors shall have staff representatives among its board members; Other members of the board of directors of a limited liability company may also include representatives of employees of the company. The employee representatives in the board of directors are elected by the employees of the company through employee congresses, employee congresses or other forms of democratic elections. The board of directors shall have a chairman and may have a vice-chairman. The method for the formation of the chairman and vice chairman shall be stipulated in the articles of association.
Article 46 The term of office of directors shall be stipulated in the articles of association, but each term shall not exceed three years. Upon expiration of the term of office, directors may be re-elected. Where a director fails to be re-elected in time upon the expiration of his term of office, or a director resigns during his term of office, resulting in a quorum of board members, the original director shall still perform his duties as a director in accordance with laws, administrative regulations and the Articles of Association before the re-elected director takes office.
Article 51 A limited liability company with a small number of shareholders or a small scale may have an executive director instead of a board of directors. The executive director may concurrently serve as the company manager.
The functions and powers of the executive director shall be stipulated in the articles of association.
Question 7: How does the company law provide for the selection of the chairman? For the chairman:
(1) The chairman of a limited liability company shall be stipulated in the articles of association and jointly formulated by the shareholders. The chairman is actually elected from all shareholders and represents the interests of shareholders.
(2) The chairman of a joint stock limited company is elected by more than half of the members of the board of directors, the directors are elected by the general meeting of shareholders, and the chairman is elected by the board of directors, representing the interests of the majority of shareholders.
(3) The chairman and vice-chairman of a Chinese-foreign equity joint venture shall be determined by the parties to the joint venture through consultation or elected by the board of directors, with one party as the chairman and the other as the vice-chairman.
(4) The chairman and vice-chairman of a Chinese-foreign contractual joint venture with legal personality shall be stipulated in the articles of association of the enterprise, with one party as the chairman and the other as the vice-chairman.
When a foreign-invested enterprise produces a chairman and vice chairman, it should not only consider the interests of the whole enterprise, but also consider the balance of interests of both investors.
Question 8: How does a limited company determine the shareholders' shares and the chairman? 1. Members of the board of directors (including the chairman and vice chairman) do not necessarily hold shares or shares of the company, and their positions have nothing to do with whether they hold shares of the company or not.
Members of the board of directors are elected or appointed by shareholders. Of course, natural person shareholders can also serve as members of the company's board of directors.
Second, China's company law is of course different from that of foreign countries. The laws of all countries are tailored to their own needs, which is not universal. The economic base determines the superstructure, and the law is also the superstructure.
Three. The new Company Law stipulates that the manager can also be the legal representative (article 13 of the Company Law). The legal representative of the company shall serve as the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change. )
Directors and the board of directors are produced by the shareholders' meeting, and the chairman is produced by the company's articles of association (the company's articles of association are also produced by the shareholders' meeting). The shareholders' meeting can elect people who have no shares in the company to the board of directors or even serve as the chairman manager and determine the identity of their legal representatives for various reasons (of course, this situation is rare).
Therefore, the chairman or legal representative may have no shares in the company. As for the legal basis you want.
Legally speaking, because there is no law that the chairman and legal representative of the company must enjoy the shares of the company, the important principle of the civil law is that "consent is regarded as consent unless expressly prohibited by law"
Legally speaking, because the company is established by the investment of all shareholders, all the actions of the company are ultimately borne by shareholders (in short, making money is also the remuneration of shareholders), so as long as it does not violate the prohibitive provisions of the law, it can be established as long as it is approved by the shareholders' meeting.
Question 9: How did the chairman of state-owned enterprises come into being? The chairman of a state-owned enterprise is generally appointed by the superior department in charge of the enterprise. His duty is actually to maintain the value or increase the value of state-owned assets. Next, we must ensure that the income of employees increases with the increase of benefits. Externally, it must bear social, moral, ecological and political responsibilities. Internally, we must strive to make profits, meet the needs of employees, and ensure the safety and health of employees' professional lives. Because state-owned enterprises have no personal property in it, or they are not dominant. The chairman's sense of responsibility and enthusiasm are mainly supported by rich annual salary, personal political quality, quality and belief, supplemented by the attraction of career and social prestige. Due to the lack of strict supervision mechanism within the enterprise (the board of supervisors, trade unions and workers' congresses are all under the leadership of the chairman), it is easy to form paternalistic authoritarian management. The annual external audit can only play a deterrent role, but it cannot fundamentally guarantee that good people must do good deeds and bad people must do good deeds. Thus, the seeds of corruption were born. Of course, the finance of state-owned enterprises is appointed by * * *. It can really prevent the loss of state-owned assets and block the source of corruption. At the same time, it also hinders the activities of state-owned enterprises to adapt to the market and operate flexibly. As a result, state-owned enterprises are in a dilemma. So far, the restructuring of state-owned enterprises is still being explored. Once the balance is mastered and a modern enterprise system with China characteristics is established, the chairman will become a person who wears shackles and handcuffs and performs wonderful dances. Short answer, for reference only.