Can the general manager be dismissed by the board of directors for creating benefits for competitors?
The general manager creates benefits for competitors, and the board of directors can dismiss him. According to the company law, whether it is a limited liability company or a joint stock limited company, the general manager is appointed or dismissed by the board of directors. If the general manager creates benefits for competitors, at least it is "other acts violating the duty of loyalty to the company" as stipulated in Article 148 of the Company Law, the board of directors may dismiss him and demand compensation for losses according to Article 149. Article 46 of the Company Law The board of directors shall be responsible for the shareholders' meeting and exercise the following powers: (1) Convene the shareholders' meeting and report its work to the shareholders' meeting; (2) Implementing the resolutions of the shareholders' meeting. (3) To decide on the company's business plan and investment plan; (4) To formulate the company's annual financial budget and final accounts; (five) to formulate the company's profit distribution plan and loss compensation plan; (6) To formulate plans for the company to increase or decrease its registered capital and issue corporate bonds; (seven) to formulate plans for the merger, division, dissolution or change of corporate form of the company; (VIII) Deciding on the establishment of the company's internal management organization; (9) To decide on the appointment or dismissal of the company manager and their remuneration, and to decide on the appointment or dismissal of the company's deputy manager and financial officer and their remuneration according to the nomination of the manager; (X) To formulate the basic management system of the company; (eleven) other functions and powers stipulated in the articles of association. Article 49 A limited liability company may have a manager who shall be appointed or dismissed by the board of directors. The manager is responsible to the board of directors and exercises the following functions and powers: (1) to preside over the production, operation and management of the company and organize the implementation of the resolutions of the board of directors; (2) Organizing the implementation of the company's annual business plan and investment plan; (3) To formulate plans for the establishment of the company's internal management organization; (4) To formulate the basic management system of the company; (5) To formulate specific rules of the company; (six) to propose the appointment or dismissal of the company's deputy manager and financial officer; (7) To decide on the appointment or dismissal of management personnel other than those who should be decided by the board of directors; (8) Other powers granted by the board of directors. Where there are other provisions in the articles of association on the functions and powers of the manager, such provisions shall prevail. The manager attended the board meeting. Article 113 A joint stock limited company shall have a manager who shall be appointed or dismissed by the board of directors. Article 148 Directors and senior managers shall not commit any of the following acts: (1) misappropriating company funds. (2) Opening an account for the company's funds in its own name or in the name of other individuals. (3) Lending the company's funds to others or providing guarantee for others with the company's property without the consent of the shareholders' meeting, the shareholders' general meeting or the board of directors, in violation of the provisions of the company's articles of association; (four) in violation of the articles of association of the company or without the consent of the shareholders' meeting or the shareholders' meeting, enter into a contract or conduct a transaction with the company; (5) Without the consent of the shareholders' meeting or shareholders' meeting, taking advantage of his position to seek business opportunities belonging to the company for himself or others, and running the same business as the company he works for; (six) accept the entrustment of others and regard the transaction with the company as your own; (seven) unauthorized disclosure of company secrets; (8) Other acts that violate the obligation of loyalty to the company. The income of directors and senior managers who violate the provisions of the preceding paragraph shall be owned by the company. 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.