The company's senior management personnel include the manager, deputy managers, financial officers, the secretary of the board of directors of listed companies and other personnel stipulated in the company's articles of association. Senior management personnel shall abide by laws, administrative regulations and the articles of association of the company, and have the obligation of loyalty and diligence to the company. Do not take bribes or other illegal income by taking advantage of authority, and do not encroach on the company's property.
Position restriction
Because senior managers have an important responsibility for the management and performance of the company, the company law has strict restrictive conditions for their qualifications. According to the Company Law, a director, supervisor or senior manager of a company may not be appointed under any of the following circumstances:
(1) No or limited capacity for civil conduct;
(2) Being sentenced to punishment for committing crimes of corruption, bribery, embezzlement of property, misappropriation of property or disrupting social and economic order, and the execution period is less than five years, or being deprived of political rights for committing crimes, and the execution period is less than five years;
(3) It has not been more than 3 years since the date of bankruptcy and liquidation of the company or enterprise, who has served as a director, factory director or manager and is personally responsible for the bankruptcy 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(4) Being the legal representative of a company or enterprise whose business license has been revoked due to violation of law and ordered to close down, and having personal responsibility, it has not been more than three years since the date when the business license of the company or enterprise was revoked;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.
The above provisions apply to directors, supervisors and senior managers of limited liability companies and joint stock limited companies.
In case of any of the above circumstances during the term of office, the company shall dismiss the senior management.
The appointment of senior management personnel by the board of directors of the company shall meet the above conditions. If the Company fails to employ senior management personnel according to the above conditions, the engagement, election and appointment shall be invalid.