What do company supervisors need?

Legal analysis: China's "Company Law" stipulates that the board of supervisors consists of shareholder representatives and employee representatives; Shareholders' representatives are elected by the shareholders' meeting, and employees' representatives are democratically elected by the employees of the company. Supervisors should generally have professional knowledge in finance and law. However, China's "Company Law" does not clearly stipulate the identity of shareholder representatives and employee representatives in the board of supervisors, especially whether employee supervisors can only be produced from employees; Whether the supervisor is full-time or part-time, and whether the supervisor is paid or not, there is no clear stipulation. Judging from the current situation in China, supervisors are actually part-time supervisors, and supervisors rarely get independent remuneration, which directly affects the independence and effectiveness of supervisors in performing their duties. In order to ensure that supervisors can exercise their supervisory power independently, legislation in various countries generally stipulates the part-time restrictions between supervisors and directors, managers and financial personnel, and directors, managers and financial personnel of a company may not concurrently serve as company supervisors.

Legal basis: Article 146 of the Company Law of People's Republic of China (PRC) shall not serve as a director, supervisor or senior manager of the company under any of the following circumstances: (1) No capacity for civil conduct or limited capacity for civil conduct; (2) Being sentenced to punishment for corruption, bribery, embezzlement of property, misappropriation of property or disrupting the order of the socialist market economy, and the execution period is less than five years, or being deprived of political rights for committing a crime, and the execution period is less than five years; (3) If the directors, factory directors and managers of a bankrupt company or enterprise are personally responsible for the bankruptcy of the company or enterprise, it has not been more than three years since the date of completion of the bankruptcy liquidation of the company or enterprise; (4) Being the legal representative of a company or enterprise whose business license has been revoked due to violation of law and ordered to close down, and having personal responsibility, it has not been more than three years since the date when the business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. If the company elects, appoints directors, supervisors or employs senior management personnel in violation of the provisions of the preceding paragraph, the election, appointment or appointment shall be invalid. The company shall remove the directors, supervisors and senior managers from their posts under any of the circumstances listed in the first paragraph of this article during their term of office.