The difference between the shareholders' meeting and the board of directors lies in:
1, with different composition, the shareholders' meeting is composed of shareholders, employee representatives of the board of directors and other members.
2. Different in nature, the shareholders' meeting is the authority and the board of directors is the executive body that manages the daily affairs of the company.
3. With different responsibilities, the shareholders' meeting is the authority, which has the right to decide major issues of the company and can choose to approve and recall the board of directors. The board of directors shall be responsible for the shareholders' meeting, report its work to the shareholders' meeting and implement the resolutions of the shareholders' meeting.
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Legal basis: Article 37 of the Company Law of People's Republic of China (PRC).
The shareholders' meeting shall exercise the following functions and powers:
(1) To decide on the company's business policy and investment plan;
(2) Electing and replacing directors and supervisors who are not employee representatives, and deciding on the remuneration of directors and supervisors;
(3) Examining and approving the report of the board of directors;
(4) Examining and approving the reports of the board of supervisors or supervisors;
(5) To examine and approve the annual financial budget plan and final accounts plan of the company;
(VI) To examine and approve the company's profit distribution plan and loss recovery plan;
(7) To make resolutions on the increase or decrease of the registered capital of the company;
(8) To make resolutions on the issuance of corporate bonds.
(9) To make resolutions on the merger, division, dissolution, liquidation or change of corporate form of the company;
(10) Amending the Articles of Association.
(eleven) other functions and powers stipulated in the articles of association. Where the shareholders unanimously agree to the matters listed in the preceding paragraph in writing, they may make a decision directly without convening a general meeting of shareholders, and all shareholders shall sign and seal the decision document.
Article 98
Composition and Status of Shareholders' Meeting The shareholders' meeting of a joint stock limited company is composed of all shareholders. The shareholders' meeting is the authority of the company and exercises its functions and powers in accordance with this Law. Article 108 A joint stock limited company shall set up a board of directors with five to nineteen members. Members of the board of directors may include company employee representatives. The employee representatives in the board of directors are elected by the employees of the company through employee congresses, employee congresses or other forms of democratic elections.
Article 44
A limited liability company shall have a board of directors with three to thirteen members; However, unless otherwise provided for in Article 50 of this Law. A limited liability company established by two or more state-owned enterprises or two or more other state-owned investors shall have staff representatives among its board members; Other members of the board of directors of a limited liability company may include representatives of employees of the company. The employee representatives in the board of directors are elected by the employees of the company through employee congresses, employee congresses or other forms of democratic elections. The board of directors shall have a chairman and may have a vice-chairman. The method for the formation of the chairman and vice chairman shall be stipulated in the articles of association.
Article 108
A joint stock limited company shall have a board of directors with five to nineteen members. Members of the board of directors may include company employee representatives. The employee representatives in the board of directors are elected by the employees of the company through employee congresses, employee congresses or other forms of democratic elections. The provisions of Article 45 of this Law on the term of office of directors of a limited liability company shall apply to directors of a joint stock limited company.
The provisions of Article 46 of this Law concerning the functions and powers of the board of directors of a limited liability company shall apply to the board of directors of a joint stock limited company.