State Administration for Industry and Commerce, Circular on Improving the Enforcement of the Provisions on Employment Restrictions on Legal Representatives of Enterprises with Legal Personality
国家工商行政管理总局关于进一步做好企业法人法定代表人任职限制规定执行工作的通知
June 18, 2010 | BY
clpstaff &clp articles &SAIC seeks to establish credibility files of legal representatives.
Issued: April 15 2010
Main contents: Where a legal representative of an enterprise with legal personality is characterised by the circumstances specified in the Company Law under which he/she may no longer hold the post of legal representative, he/she may not continue to assume the post of legal representative at the said enterprise or any other enterprise with legal personality within the statutory restriction period. The restriction shall only apply to legal representatives in accordance with the law and may not be extended to shareholders (Article 1).
Administrations for industry and commerce shall seek to establish credibility information files on legal representatives of enterprises with legal personality, and implement differentiated guidance and administration of legal representatives to promote honest operations of enterprises in accordance with the law (Article 4).
Related legislation: PRC Company Law (Amended), Oct 27 2005, CLP 2005 No.10 p.21; PRC Regulations for the Administration of Company Registration; and Provisions for the Administration of Registration for Legal Representatives of Enterprises with Legal Personality (Revised), Jun 23 1999
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