None of the following persons shall serve as a director, supervisor, or senior manager of a company:
(1)a person who has no or limited capacity for civil conduct;
生日快樂
(2)a person who was sentenced to criminal punishment for embezzlement, bribery, seizure of property or misappropriation of property or for sabotage of the socialist market economic order, where less than five years have elapsed after the expiration of the period of execution; or a person who was deprived of his political rights for the commission of I a crime, where less than five years have elapsed after the expiration of the period of execution;
(3)a person who, being a director or the head or manager of a company or enterprise that went into bankruptcy and 1 liquidation, was personally liable for the bankruptcy of the said company or enterprise, where less than three years have elapsed from the date liquidation of the company or enterprise is completed;
(4)a person who, being the legal representative of a company or an enterprise, the business license of which was revoked for violation of law and which was ordered to close down, was personally liable for the above, where less than three years have elapsed from the date the business license of the company or enterprise is revoked; or
(5) a person who fails to liquidate a relatively large amount of personal debts when they are due.
★不忘初心
砥礪前行★
Where a company elects or appoints its directors or supervisors, or engages its senior managers in violation of the provisions of the preceding paragraph, such election, appointment or engagement shall be invalid.
Where, during his term of office, a director, supervisor or senior manager is found to be a person as specified in the first paragraph of this Article, the company shall remove him from office.
擔任公司董事、監事、高級管理人員的資格是什麼？
答：根據公司法第一百四十六條規定，有下列情形之一的，不得擔任公司的董事、監事、高級管理人員：
(一)無民事行為能力或者限制民事行為能力；
(二)因貪汙、賄賂、侵佔財產、挪用財產或者破壞社會主義市場經濟秩序，被判處刑罰，執行期滿未逾五年，或者因犯罪被剝奪政治權利，執行期滿未逾五年；
(三)擔任破產清算的公司、企業的董事或者廠長、經理，對該公司、企業的破產負有個人責任的，自該公司、企業破產清算完結之日起未逾三年；
(四)擔任因違法被吊銷營業執照、責令關閉的公司、企業的法定代表人，並負有個人責任的，自該公司、企業被吊銷營業執照之日起未逾三年；
(五)個人所負數額較大的債務到期未清償。
公司違反前款規定選舉、委派董事、監事或者聘任高級管理人員的，該選舉、委派或者聘任無效。
董事、監事、高級管理人員在任職期間出現本條第一款所列情形的，公司應當解除其職務。
圖文無關，純粹為了慶祝我黨生日而放
If you are interested in legal topics, follow this public wechat account, you may find something useful!
If you need a lawyer in Hefei, please contact the Author
About the Author
Rochelle Zhang
Lawyer in Hefei
City Development Law Firm
Tel:19955193629
閱讀更多 張顏律師HF 的文章
