Q&A Regarding New Company Law of China (30)
Q: | Who are not allowed to serve as directors, supervisors, or senior management officer of the company? |
A: |
Those who fall under any of the following circumstances shall not serve as directors, supervisors, or senior management officer of the company:
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Q: |
What behaviours are prohibited for company directors, supervisors, and senior management officer? |
A: |
Company directors, supervisors, and senior management personnel shall not engage in the following behaviours:
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Q: |
Can company directors, supervisors, and senior management officer directly transact with their company? |
A: |
Directors, supervisors, and senior management officer of the company who directly or indirectly enter into contracts or transactions with the company shall report to the board of directors or the board of shareholders on matters related to the conclusion of contracts or transactions, and shall be approved by the board of directors or the board of shareholders in accordance with the provisions of the company's articles of association. |
Q: |
Can company directors, supervisors, and senior management officer seek business opportunities that belong to the company for themselves? |
A: |
Directors, supervisors, and senior management officer of the company shall not use their positions to seek business opportunities belonging to the company for themselves or others. However, except for any of the following situations:
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Q: | Can the directors, supervisors and senior management officer of the company operate the same kind of business as the company? |
A: |
A director, supervisor or senior manager officer of a company who has not reported to the board of directors or the board of shareholders and has passed a resolution of the board of directors or the board of shareholders in accordance with the provisions of the company's articles of association shall not operate or operate the same kind of business for others. |