What is a supervisor?

1. Supervisors, also known as "supervisors", are members of the company's permanent supervisory body and are 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.

2. Supervisors are usually composed of shareholder representatives and employee representatives, and may not concurrently serve as directors or managers.

3. The Company Law of People's Republic of China (PRC) stipulates in detail the rights and responsibilities of supervisors and their methods of formation, as follows:

(1) 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.

(2) 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.

(3) To supervise the performance of duties by directors and senior managers, 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.

(4) The board of supervisors and the supervisors of the company without the board of supervisors can investigate the abnormal operation of the company, and if necessary, they can hire an accounting firm to assist in the work, and the expenses shall be borne by the company.

(5) According to Article 71 of the Company Law, the members of the board of supervisors of a wholly state-owned company shall not be less than five, of which the proportion of employee representatives shall not be less than one third, and the specific proportion shall be stipulated in the company's articles of association.

4. The main functions and powers include:

(1) Supervise the performance of duties by directors and senior managers 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;

(two) when the behavior of directors and senior managers damages the interests of the company, ask them to correct it;

(3) Proposing to convene an interim 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;

(4) To put forward proposals to the shareholders' meeting.

The convener of the board of supervisors is usually called the chairman of the board of supervisors. China's Company Law does not stipulate the special authority of the chairman of the board of supervisors. Interpretation should think that the chairman of the board of supervisors is responsible for convening and presiding over the meetings of the board of supervisors, and other powers can be stipulated in the company's articles of association.

Extended data:

1. The reasons and methods for the resignation and recall of supervisors are basically the same as those of the board of directors, that is, they will resign upon the expiration of their term of office; I request to resign; Being dismissed by the original organ; Be dismissed for unqualified reasons.

2. Where directors and senior managers violate laws, administrative regulations or the articles of association when performing their duties, thus causing losses to the company, shareholders of a joint stock limited company who have held more than 1% of the shares of the company for more than 180 consecutive days 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 directors and senior managers to the people's court.

3. The Guidelines for the Articles of Association of Listed Companies stipulates that if a supervisor fails to attend the meeting of the board of supervisors in person for two consecutive times, it shall be deemed that he cannot perform his duties, and the shareholders' meeting or the workers' congress shall be replaced.

References:

Baidu encyclopedia-supervisor