I. Understand the articles of association, laws and regulations of the company.
The withdrawal of supervisors should first understand the specific provisions of the articles of association on the recall or resignation of supervisors. At the same time, we should be familiar with the Company Law of People's Republic of China (PRC) and other relevant laws and regulations to ensure that the evacuation process is legal and compliant.
2. Apply for resignation or start the dismissal procedure.
If the supervisor requests to quit for personal reasons, he shall submit a written application for resignation to the board of directors of the company. The application for resignation shall clearly express the intention of resignation, and indicate the reason and date of resignation. If the supervisor commits an illegal act or dereliction of duty, the company or other shareholders may start the recall procedure, put forward a recall proposal and submit it to the shareholders' meeting for deliberation.
Three. Deliberation and decision-making of shareholders' meeting
The shareholders' meeting shall consider the resignation application or recall proposal of the supervisor. In the process of deliberation, we should fully listen to the opinions of all parties to ensure fair and transparent decision-making. If the shareholders' meeting agrees to the resignation or recall of the supervisor, it shall make a corresponding resolution and record it in the resolution of the shareholders' meeting.
Four. Handle relevant formalities and announcements.
After the supervisor withdraws, the company shall go through the relevant procedures such as canceling the supervisor qualification and changing the articles of association. At the same time, the company shall submit the changes of supervisors to the relevant departments in accordance with the law, and announce the changes of supervisors on the company's website or designated media so that the public can understand the changes of supervisors.
Verb (abbreviation for verb) deals with the follow-up matters.
After the supervisor withdraws, the company shall properly handle the unfinished matters during the supervisor's term of office, disputes with other shareholders or the company and other follow-up matters. Ensure the smooth and orderly withdrawal process of supervisors and avoid adverse impact on the company's operation.
To sum up:
The withdrawal of company supervisors involves the compliance with the company's articles of association, laws and regulations and the implementation of the company's internal decision-making procedures. When a supervisor applies for resignation or faces dismissal suggestions, he should fully understand the relevant regulations and act according to the procedures. When dealing with the withdrawal of supervisors, the company shall ensure fair and transparent decision-making, and perform relevant procedures and announcement obligations according to law.
Legal basis:
Company Law of the People's Republic of China
Article 52 provides that:
The term of office of the supervisor is three years. Upon expiration of the term of office, a supervisor may be re-elected.
Where the supervisor fails to be re-elected in time upon the expiration of his term of office, or the members of the board of supervisors are less than quorum due to the resignation of the supervisor during his term of office, the original supervisor shall still perform his duties in accordance with laws, administrative regulations and the Articles of Association before the re-elected supervisor takes office.
Company Law of the People's Republic of China
Article 57 provides that:
The board of supervisors and the supervisors of companies without a board of supervisors shall exercise the following functions and powers:
(a) to check the company's finances;
(2) To supervise the acts of directors and senior managers in performing the duties of the Company, and put forward suggestions for the removal of directors and senior managers who violate laws, administrative regulations, articles of association or resolutions of the shareholders' meeting;
(3) To require directors and senior managers to correct their actions when they harm the interests of the company;
(4) Proposing to convene an extraordinary shareholders' meeting, and convening and presiding over the shareholders' meeting when the board of directors fails to perform its duties as stipulated in this Law;
(five) to submit a proposal to the shareholders' meeting;
(6) To institute legal proceedings against directors and senior managers in accordance with the provisions of Article 152 of this Law.
(seven) other functions and powers stipulated in the articles of association.