2. However, a person who is punished for corruption may not serve as a director, supervisor or senior manager of the company.
Our country's laws have restrictions on the personnel who serve as the legal representative of the company, especially for those who have committed crimes. If they want to serve as the legal representative of the company, they must conform to the legal situation. A person who has committed a crime cannot be a legal representative, but some people can still be legal representatives unless explicitly restricted by law. It depends on the crime and the sentence.
According to Article 146 of the Company Law of People's Republic of China (PRC), the legal representative of a company or enterprise whose business license has been revoked due to violation of the law shall not be a director, supervisor or manager of the company if it has not been more than three years since the date of revocation of the business license of the company or enterprise.
The State Administration for Industry and Commerce's Regulations on the Administration of Registration of Legal Representatives of Enterprise Legal Persons also clearly stipulates that the legal representative of an enterprise whose business license has been revoked due to violation of the law shall not be the legal representative of other enterprises.
Prohibition of being a legal representative is the same as prohibition of being a director or supervisor, that is, being sentenced for committing crimes of corruption, bribery, embezzlement and misappropriation of property or disrupting the order of socialist market economy (mainly economic crimes), being deprived of political rights due to crimes, and unable to be a legal representative within 5 years from the date of expiration of self-punishment.
Legal basis:
Article 13 of the Company Law of People's Republic of China (PRC)
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. Where the legal representative of the company changes, it shall go through the registration of change.
Article 14 A company may set up branches. The establishment of a branch company shall apply to the company registration authority for registration and obtain a business license. A branch company does not have legal person status, and its civil liability shall be borne by the company. A company may set up subsidiaries, which have legal personality and independently bear civil liabilities according to law.
Article 146 of the Company Law of People's Republic of China (PRC)
Under any of the following circumstances, he may not serve as a director, supervisor or senior manager of the company:
(1) Having no or limited capacity for civil conduct;
(2) Being sentenced to punishment for corruption, bribery, embezzlement of property, misappropriation of property or disrupting the order of the socialist market economy, and the execution period is less than five years, or being deprived of political rights for committing a crime, and the execution period is less than five years;
(3) If the directors, factory directors and managers of a bankrupt company or enterprise are personally responsible for the bankruptcy of the company or enterprise, it has not been more than three years since the date of completion of the bankruptcy liquidation of the company or enterprise;
(4) Being the legal representative of a company or enterprise whose business license has been revoked due to violation of law and ordered to close down, and having personal responsibility, it has not been more than three years since the date when the business license of the company or enterprise was revoked;
(five) a large amount of debt owed by an individual has not been paid off due.