According to the relevant laws and regulations of the state, the board of supervisors of the company shall be composed of shareholders' representatives and employees of the company in a certain proportion, and directors and senior management personnel shall not concurrently serve as supervisors.
The legal representative of the company shall bear the following responsibilities:
1. administrative responsibility: unless the legal representative can prove ignorance of the company's behavior, he may bear administrative responsibility for the company's illegal behavior;
2. Civil liability: According to the provisions of the Company Law, the company is responsible for external repayment within the limits of its own property. However, if the legal representative of a shareholder makes up capital contribution, evades capital contribution, conceals or transfers assets or disposes of property without liquidation, the legal representative shall bear corresponding civil liability for compensation;
3. Criminal responsibility: In some crimes stipulated in the Criminal Law, in addition to punishing the unit, the legal representative and other responsible persons may also be investigated for criminal responsibility. In addition, when the actual controller of the company uses the company to commit economic crimes, the legal representative does not directly participate, but if he knows that the actual controller uses the company to commit criminal acts, but fails to stop or let the actual controller do so, the legal representative is likely to bear corresponding criminal responsibility.
To sum up, supervisors may attend board meetings as nonvoting delegates and raise questions or suggestions on matters resolved by the board. The board of supervisors and the supervisors of a company without a board of supervisors may investigate the abnormal operation of the company. If necessary, an accounting firm can be hired to assist in the work, and the expenses shall be borne by the company.
Legal basis:
Article 51 of the Company Law of People's Republic of China (PRC)
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.
The board of supervisors shall include an appropriate proportion of shareholders' representatives and employees' representatives, of which the proportion of employees' representatives shall not be less than one third, and the specific proportion shall be stipulated in the articles of association. The employee representatives in the board of supervisors are elected by the employees of the company through employee congresses, employee congresses or other forms of democratic elections.
The board of supervisors shall have a chairman, who shall be elected by more than half of all supervisors. The chairman of the board of supervisors shall convene and preside over the meeting of the board of supervisors; If the chairman of the board of supervisors is unable to perform his duties or fails to perform his duties, more than half of the supervisors shall jointly nominate a supervisor to convene and preside over the meeting of the board of supervisors.
Directors and senior managers shall not concurrently serve as supervisors.