The supervisor is a member of the company's permanent supervision organization, also known as the "supervisor", and is responsible for supervising the company's financial situation, the performance of duties by the company's senior management, and other supervisory duties stipulated in the company's articles of association. In China, the supervisory organization composed of supervisors is called the board of supervisors, which is the necessary statutory supervisory organization of the company.
Supervisors are usually composed of shareholder representatives and employee representatives, and may not concurrently serve as directors or managers.
Two. Duties of the supervisor
According to the current Company Law, the duties of the supervisor or the board of supervisors are as follows:
(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 149 of this Law.
(seven) other functions and powers stipulated in the articles of association.
The provisions of Article 149 mentioned in Item (6) of the preceding paragraph refer to: If a director or senior manager violates laws, administrative regulations or the company's articles of association when performing his duties, causing losses to the company, and shareholders of a limited liability company or a joint stock limited company hold more than 1% of the company's shares individually or collectively for more than 180 consecutive days, he may request in writing the board of supervisors or supervisors of a limited liability company without a board of supervisors to bring a lawsuit against the director or senior manager to the people's court.
Supervisors may attend board meetings as nonvoting delegates and raise questions or suggestions on matters resolved by the board. The board of supervisors and the supervisors of the company without a board of supervisors may investigate the company's abnormal operation; If necessary, an accounting firm can be hired to assist in the work, and the expenses shall be borne by the company.
The company's supervisors are mainly responsible for supervising the company's financial situation, the performance of the company's senior management personnel, and other supervisory duties stipulated in the company's articles of association. If others violate the rules and regulations, they can make suggestions.