Interim measures for the administration of the list of enterprises that are seriously illegal and trustworthy
Article 5 In any of the following circumstances, an enterprise shall be included in the list of enterprises with serious violation of law and dishonesty by the administrative department for industry and commerce at or above the county level:
(1) Being listed in the list of business anomalies for three years and still failing to perform relevant obligations;
Article 15 If the legal representative or person-in-charge of an enterprise listed in the list of serious illegal and untrustworthy enterprises according to Item (1) of Paragraph 1 of Article 5 of these Measures has already served as the legal representative or person-in-charge of other enterprises, the relevant enterprises shall handle the change registration of the legal representative or person-in-charge according to law.
company law
Article 146 A person shall not serve as a director, supervisor or senior manager of the company under any of the following circumstances:
(1) Having no 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(4) Being the legal representative of a company or enterprise whose business license has been revoked due to violation of law and ordered to close down, and having personal responsibility, it has not been more than three years since the date when the business license of the company or enterprise was revoked;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.