What are the duties of a nominal supervisor?
The responsibilities of nominal supervisors mainly include: according to the relevant provisions of China's "Company Law", only nominal supervisors who are at fault need to bear legal responsibilities, and companies or themselves will have certain debt risks if they violate the law; Except in accordance with the law or with the consent of the shareholders' meeting, the company's secrets shall not be disclosed, and the contents of the board of directors, the board of supervisors and the manager's office meeting shall not be conveyed without authorization.
What is the legal basis for the nominal supervisor's responsibility?
Article 147 of the Company Law of People's Republic of China (PRC)
Directors, supervisors and senior managers shall abide by laws, administrative regulations and the articles of association of the company, and have the obligation of loyalty and diligence to the company.
Directors, supervisors and senior management personnel shall not take advantage of their powers to accept bribes or other illegal income, and shall not encroach on the company's property.
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Legal basis: Article 5 1 of the Company Law.
A limited liability company shall have a board of supervisors with no less than three members. A limited liability company with fewer shareholders or smaller scale may have one or two supervisors instead of a board of supervisors.
The board of supervisors shall include an appropriate proportion of shareholders' representatives and employees' representatives, of which the proportion of employees' representatives shall not be less than one third, and the specific proportion shall be stipulated in the articles of association. The employee representatives in the board of supervisors are elected by the employees of the company through employee congresses, employee congresses or other forms of democratic elections.
The board of supervisors shall have a chairman, who shall be elected by more than half of all supervisors. The chairman of the board of supervisors shall convene and preside over the meeting of the board of supervisors; If the chairman of the board of supervisors is unable to perform his duties or fails to perform his duties, more than half of the supervisors shall jointly nominate a supervisor to convene and preside over the meeting of the board of supervisors.
Directors and senior managers shall not concurrently serve as supervisors.