1. The supervisor shall not violate the law or the duty of loyalty and diligence to the company;
2. Supervisors cannot accept bribes or occupy the company's property;
3. If the supervisor violates the law or the articles of association and causes damage to the interests of the company, he shall be liable for compensation.
The duties of the Board of Supervisors of the Company are as follows:
1. Composition and term of office of the board of supervisors: According to the law, a limited liability company with a large operation scale shall set up a board of supervisors with no less than three members. The Board of Supervisors elects 1 convener from among its members; If the number of shareholders is small and the scale is small, there may be 1 to 2 supervisors. The board of supervisors is composed of shareholders' representatives and employees' representatives in an appropriate proportion, and the specific proportion is stipulated in the articles of association. Supervisors, like directors, have time limits;
2. Selection and restriction of the board of supervisors: The selection of members of the board of supervisors can be stipulated in the company's articles of association or decided by the shareholders' meeting, and some restrictions are often stipulated. For example, in France, the supervisor who is mainly responsible for the financial audit of a company must be a shareholder, but the corporate executives and their spouses, as well as property investors other than money, special beneficiaries, their remuneration and their spouses cannot hold this position. According to the law, the employee representatives in the board of supervisors are democratically elected by the employees of the company, and the candidates recommended by shareholders are decided by the shareholders' meeting. Directors, managers and financial officers may not concurrently serve as supervisors. Therefore, the supervisors of China Limited Liability Company should not seek shareholders, and in order to avoid abuse of power or confusion of rights and responsibilities, directors, managers and financial personnel should not concurrently serve as supervisors. This is determined by the different functions and powers of various organizations of the company, and it is also conducive to the smooth progress of the company's business. More specialized departments are conducive to coordination and cooperation.
3. Functions and powers of the board of supervisors: In western countries, the functions and powers of the board of supervisors mainly include auditing, consulting accounting documents, investigating and inspecting the company's business and property, notifying directors to stop illegal activities, and convening shareholders' meetings when necessary. The law stipulates: "The board of supervisors or supervisors of a limited liability company shall enjoy the following powers:
(1) Check the company's finance;
(two) to supervise the directors and managers who violate laws, regulations or the articles of association when performing their duties;
(3) To require directors and managers to correct their actions when they harm the interests of the company;
(4) proposing to convene an extraordinary general meeting of shareholders;
(5) Other functions and powers as stipulated in the articles of association. Supervisors attend board meetings as nonvoting delegates.
To sum up, the board of supervisors or supervisors of China Co., Ltd. is mainly responsible for reviewing and consulting the company's financial status and operating results, supervising the directors' operating behavior, and earnestly safeguarding the legitimate rights and interests of the company and shareholders.
Legal basis:
Article 147 of the Company Law of People's Republic of China (PRC)
Directors, supervisors and senior managers 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.
Directors, supervisors and senior management personnel shall not take advantage of their powers to accept bribes or other illegal income, and shall not encroach on the company's property.
Article 149
Directors, supervisors and senior managers who violate laws, administrative regulations or the articles of association when performing their duties in the company and cause losses to the company shall be liable for compensation.