Legal analysis
An enterprise legal person refers to the person in charge who engages in civil activities on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person, and is the legal representative of the legal person. Actual controller refers to the actual manager of the company, that is, the actual person in charge. The difference between a company as a legal person and an actual controller is mainly in civil behavior and shareholding structure. The actual controller is from the perspective of equity structure. A company may have multiple shareholders, each holding different shares, and the person who can actually control the company's behavior is the actual controller of the company. As far as listed companies are concerned, more than 50% of controlling shareholders and shareholders who actually control more than 30% of voting rights of listed companies are the actual controllers of the company. An enterprise legal person refers to the person in charge who engages in civil activities on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person, and is the legal representative of the legal person. Actual controller refers to the actual manager of the company, that is, the actual person in charge. The difference between a company as a legal person and an actual controller is mainly in civil behavior and shareholding structure. According to the law or the articles of association of a legal person, the person in charge of civil activities on behalf of a legal person is the legal representative of the legal person, commonly known as the legal representative. However, in the actual operation and management of the company, the legal representative may only be a nominal figure and does not participate in the operation and management of the company. The actual manager of the company is the actual controller.
legal ground
Article 51 of People's Republic of China (PRC) Company Law A * * * limited liability company shall have a board of supervisors, and its members shall not be less than three. 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.