Can a company supervisor be a shareholder?

A company supervisor can be a shareholder or a supervisor, which refers to a member of a standing supervisory body in the company. Their main duties are to check the company's finances and supervise directors and senior managers. According to the Company Law, when a company establishes a board of supervisors, there must be a certain proportion of employee representatives, so people often mistakenly think that supervisors cannot be shareholders of the company.

But in fact, there is no such provision in the Company Law, and in small companies with few people, especially when there is only one supervisor instead of the board of supervisors, the supervisor is usually concurrently held by the shareholders. The company law only stipulates that "directors and senior management personnel shall not concurrently serve as supervisors", that is to say, shareholders who serve as directors and senior management personnel of the company can no longer concurrently serve as supervisors, but not because shareholders cannot concurrently serve as supervisors.

Legal basis:

Article 52 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.