Home FAQ Corporate Service China Frequently Asked Questions on the Organization Structure of a Limited Company in China
Frequently Asked Questions on the Organization Structure of a Limited Company in China
Q: |
Who can be appointed as the legal representative of a limited liability company in China? |
A: |
According to the Company Law of the PRC, the legal representative of a company shall be assumed by either the chairman of the board (executive director if there is no board of directors) or general manager.
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Q: |
Are there any limit on the number of shareholders for a limited liability company in China? |
A: |
Yes. According to the Company Law of the PRC, a limited liability company shall have at least 1 shareholder. The maximum number of shareholders is 50.
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Q: |
Is it compulsory for a limited liability company in China to establish a board of directors? |
A: |
According to the Company Law of the PRC, a board of directors shall be established in a limited liability company. However, for a limited liability company with a relatively small number of shareholders or for a limited liability company relatively small in scale, it may appoint one executive director only and does not have to establish a board of directors.
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Q: |
Is it allowed to appoint only 2 directors for a limited liability company in China? |
A: |
It is not allowed. According to the Company Law of the PRC, the board of directors established by a limited liability company shall be composed of 3 up to 13 members. If there is no board of directors, then one executive director shall be appointed. Only 2 directors are not accepted.
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Q: |
Is it possible for a body corporate to act as the director of a limited liability company in China? |
A: |
It is not allowed. According to the Company Law of the PRC, only a nature person (individual) can be appointed as the director of the company.
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Q: |
Is it compulsory for a limited liability company in China to establish a board of supervisors? |
A: |
According to the Company Law of the PRC, a board of supervisors which is composed of at 3 persons shall be established in a limited liability company. However, for a limited liability company with a relatively small number of shareholders or for a limited liability company relatively small in scale, it may appoint one or two supervisors and does not have to establish a board of supervisors.
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Q: |
Is it possible for a director or general manager to act concurrently as the supervisor of a limited liability company in China? |
A: |
It is not allowed. According to the Company Law of the PRC, no director or senior manager may concurrently serve as a supervisor. |