2. The nonstandard name of the board of directors. If it refers to the CBRC, it is an administrative organ with administrative power [non-rights]; If it refers to the board of directors or the board of supervisors, it is an enterprise management institution with internal management power and no administrative power facing the society.
3. In corporate banks, directors and supervisors are all senior executives, and the board of directors is higher than the president team.
What is the role of the CSRC? What institution does it belong to? Brief introduction of China Securities Regulatory Commission
1992 10, China Securities Regulatory Commission was established. China Securities Regulatory Commission, authorized by the State Council, conducts centralized and unified supervision of the national securities and futures market according to law.
China Securities Regulatory Commission is located in Beijing, with chairman 1 person and five vice-chairmen. 3 assistants to the chairman; There are 16 functional departments and 3 centers. According to the provisions of Article 14 of the Securities Law, the China Securities Regulatory Commission also has a stock issuance review committee, which is composed of professionals from the China Securities Regulatory Commission and relevant experts hired outside the meeting. China Securities Regulatory Commission has set up 36 securities regulatory bureaus in various provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans, and established offices of securities supervisors in Shanghai and Shenzhen (see figure); At present, there are 18 12 supervisors in the whole system, with an average age of 35; Among them, 40.3% have doctoral and master's degrees.
According to the relevant laws and regulations, the China Securities Regulatory Commission shall perform the following duties in the supervision and management of the securities market:
(1) To study and formulate the principles, policies and development plans of the securities and futures markets; Drafting laws and regulations on the securities and futures market; Formulate relevant rules, regulations and measures for the securities and futures market.
(2) The State securities regulatory body shall exercise vertical leadership and centralize and unify supervision over the securities and futures market. Manage the leading bodies and members of relevant securities companies, and be responsible for the daily management of the board of supervisors of relevant securities companies.
(3) Supervising the issuance, listing, trading, custody and settlement of stocks, convertible bonds, bonds of securities companies and other securities designated by the the State Council Securities Regulatory Commission; Supervise the activities of securities investment funds; Approve the listing of corporate bonds; Supervise the trading activities of listed government bonds and corporate bonds.
(4) Supervising the listing, trading and liquidation of domestic futures contracts; Supervise domestic institutions to engage in overseas futures business according to regulations.
(five) to supervise the securities market behavior of listed companies and their shareholders who must fulfill relevant obligations according to law.
(6) Managing securities and futures exchanges. Senior managers in charge of securities and futures exchanges according to regulations; Centralized management of securities industry association and futures industry association.
(seven) supervision of securities and futures institutions, securities investment fund management companies, securities registration and settlement companies, futures settlement institutions, securities and futures investment consulting institutions, securities credit rating agencies; Examining and approving the qualifications of fund custody institutions from the People's Bank of China, and supervising its fund custody business; To formulate measures for the administration of the qualifications of senior managers of the above-mentioned institutions and organize their implementation; Guide China Securities Industry and Futures Industry Association to carry out qualification management of securities and futures practitioners.
(eight) to supervise the domestic enterprises to directly or indirectly issue shares and go public overseas; Supervise domestic institutions to set up securities business institutions abroad; Supervise overseas institutions to set up securities business institutions and engage in securities business in China.
(nine) to supervise the information dissemination activities of securities and futures, and to be responsible for the statistics of securities and futures markets and the management of information resources.
(ten) in conjunction with the relevant departments to examine and approve the qualifications of accounting firms, asset appraisal institutions and their members to engage in securities and futures intermediary business, and supervise their related business activities; Supervise the activities of law firms and lawyers engaged in securities and futures-related businesses.
(eleven) to investigate and deal with illegal acts of securities and futures according to law.
(12) Centralized foreign exchange management and international cooperation in the securities and futures industry.
(thirteen) other matters assigned by the State Council.
What is the director of the National Purification Committee? It is a member of the professional committee of indoor environment purification and management of China Interior Decoration Association.
Dong Dui's shareholding regulation is 1. Directors, supervisors, senior managers and shareholders holding more than 5% of the shares of a listed company sell their shares of the company within six months after the purchase, or buy them again within six months after the sale. If the income belongs to the company, the board of directors of the company shall recover the income. However, if a securities company holds more than 5% of the shares due to the exclusive purchase of the remaining shares after sale, it is not restricted by the six-month period for selling the shares.
2. If the board of directors of the company fails to implement the above provisions, shareholders have the right to require the board of directors to implement them within 30 days. If the board of directors of the company fails to implement it within the above-mentioned time limit, shareholders have the right to bring a lawsuit directly to the people's court in their own name for the benefit of the company.
3. If the board of directors of the company fails to implement the provisions of Article 1, the responsible directors shall be jointly and severally liable according to law.
What kind of organization is the village Committee? Villagers' committees are grass-roots mass self-governing organizations for villagers' self-management, self-education and self-service, and do not belong to state organs.
Legal basis: Article 2 of the Organic Law of Villagers' Committees of the People's Republic of China states: "Villagers' committees are grass-roots mass self-governing organizations for villagers' self-management, self-education and self-service, and carry out democratic elections, decision-making, management and supervision.
Villagers' committees handle public affairs and public welfare undertakings in their villages, mediate civil disputes, help maintain social order, and reflect villagers' opinions, demands and suggestions to the people.
The villagers' committee shall be responsible for the villagers' meeting and the villagers' representative meeting and report its work.
What kind of official is the chairman of the CSRC? Ministerial level? No level
Is the director of the village supervision Committee a village cadre? There are only village committee directors and branch secretaries in the village, but there is no village supervisor.
The village director and secretary are both village cadres.
When does the liability insurance for directors, supervisors and senior management begin and end? The professional risk of executives exists in the process of establishment, decision-making, production and operation of enterprises, and runs through the whole life cycle of enterprises and the career of executives.
In many people's minds, corporate executives are glamorous people with high income, high consumption and high quality of life. In fact, behind the glamour, they are faced with the burden of career and life. Sub-health, depression and karoshi once became the health labels of this group. Not only that, many people don't know that the professional risks faced by executives have always been with them.
With the increasing internationalization, diversification and complexity of the living environment of enterprises, enterprises are also facing multiple risks including politics, law and technology. As decision makers and managers, enterprise executives also bear the dual responsibilities of enterprises and themselves. China's company law stipulates strict obligations and responsibilities for senior executives, which not only gives them high income, but also gives them higher risks.
Senior management personnel are responsible for the decision-making and management of the company. Decision makers directly control the development and lifeline of the company, and managers directly determine the life and death of the company. In the management work, due to their own ability, experience and other objective reasons, executives will inevitably be negligent. Once this kind of occupational risk occurs, in addition to causing huge losses to the company, executives may have to bear the liability for compensation far higher than their professional income.
The civil liability of senior executives is mainly the responsibility of compensation for losses. The Company Law clearly stipulates the obligations that senior executives should bear and the possible civil liability risks. First of all, company executives have a loyal and diligent obligation to the company. If senior executives deviate from honesty, neglect their duties or violate laws, regulations and articles of association, thus causing losses to the company, they will inevitably be liable for compensation. In this case, it is wrong to think that you are the controller of the company and can prevent the company from claiming compensation. When the company's claim is slow, shareholders can directly sue the company's senior management and demand compensation. It seems that there is no luck here. Accordingly, senior executives should be law-abiding and pay attention to honesty, prudence and standardization when performing their duties. Secondly, if the resolution of the board of directors violates the law or the articles of association of the company or the resolution of the shareholders' meeting, causing serious losses to the company, the directors participating in the resolution shall be liable for compensation to the company. In order to avoid this risk, the directors should strictly check the legality and compliance of the resolutions when voting, and if there are any objections, they should be noted and recorded in the minutes of the meeting in time to avoid responsibility. In addition, the law also stipulates that the following acts are forbidden: (1) misappropriating company funds; (2) Opening an account for the company's funds in its own name or in the name of other individuals. (3) illegally providing a guarantee; (4) self-trading; (5) competition; (6) Take the commissions of other people's transactions with the Company as their own; (7) Unauthorized disclosure of company secrets; (eight) other acts in violation of the obligation of loyalty to the company. If an executive commits one of the above acts in the course of practice, the company can unconditionally exercise the right of return, that is, the income earned by the executive should be owned by the company, and if the executive's behavior does not cause actual or obvious losses to the company, it will not be exempted from liability. Here, it is particularly important to emphasize item (8). The regulation of "other behaviors that violate the duty of loyalty to the company" is a great risk space in practice. Those that are not expressly stipulated are actually risk black holes, which deserve high attention.
Compared with civil liability, the administrative responsibility, especially criminal responsibility, of administrative personnel is much more serious. The crimes committed by senior executives mainly focus on economic behaviors, and the common behaviors include commercial bribery, embezzlement of company property, illegal borrowing and misappropriation, providing false financial and accounting reports, and issuing stocks or corporate bonds without authorization. , involving company investment, investment and financing, listing, intellectual property, taxation, labor, production and circulation, litigation and other fields. In addition, if a unit constitutes a crime, its legal representative, directors, managers, financial officers and other directly responsible persons in charge should also bear corresponding administrative or criminal responsibilities. In a family business dispute case we handled, my brother, as the general manager, temporarily misappropriated the company's 5 million yuan to solve the company crisis, and my brother, as the chairman, was dissatisfied with the result of the crisis handling and sent my brother to prison on the grounds of "encroaching on the company's property". It can be seen that most of the risks are due to "carelessness" and "disharmony between people". Therefore, executives should always check themselves and check themselves.
The professional risk of executives exists in the process of establishment, decision-making, production and operation of enterprises, accompanied by the whole life cycle of enterprises and the career of executives. So from this perspective, we say that executives are a high-risk profession.
Due to insufficient attention paid by enterprises to legal risk control and imperfect legal system construction, most enterprises have serious loopholes in law enforcement mechanisms. Moreover, in order to save operating costs and improve profits, enterprises even ignored the legal provisions and played a "edge ball", which undoubtedly laid a huge hidden danger for enterprises and executives. Therefore, in order to avoid the adverse consequences caused by the illegal acts of enterprises or executives themselves, executives should attach great importance to and actively guard against occupational risks, improve legal awareness and enrich legal knowledge. What needs special explanation here is that the company is an autonomous organization. If its articles of association do not violate laws and regulations, it has the attribute and status of "articles of association". Therefore, it is necessary for senior executives to master the provisions of the articles of association, which can not only avoid taking unnecessary responsibilities for violating the articles of association, but also protect their rights by using the provisions of the articles of association.
To sum up, when faced with professional legal problems, major decisions and even illegal acts have occurred, senior executives must be cautious in both prevention beforehand and remedy afterwards to minimize risks and hazards.
In recent years, with the upsurge of overseas listing of China enterprises, the risk of overseas litigation of enterprises is also increasing. Since 200 1, many China companies, such as China Yi, China Life Insurance, UT Starcom, Cao, Sina, Worry-Free Future, etc. , have encountered class actions in the United States, involving huge litigation costs and compensation, both enterprises and executives are a heavy burden. To this end, some listed companies in China began to turn their attention to the "executive liability insurance" which is very popular in the developed insurance market. Senior management liability insurance, namely "directors, supervisors and senior management liability insurance (directors
The "senior management liability insurance" is a kind of "error and negligence insurance" in the professional liability insurance, which refers to the insurance that the directors, supervisors and senior management of the company should bear the economic compensation liability due to negligence, negligence, misleading statements or violation of their duties. , causing the company or a third party to suffer economic losses. It is usually funded by the company and insured by the executives. At present, it is common for listed companies in developed countries to effectively transfer the professional risks of senior executives by insuring their liability insurance, and the proportion of insurance coverage is also high. According to statistics, the premium income of global executive liability insurance is estimated to be about $9.25 billion per year. More than 95% of American listed companies have purchased executive liability insurance, and the insurance coverage rate of some industries has even reached 100%. The proportion of Canadian companies purchasing is 86%, and the proportion of Hong Kong purchasing is over 70%. However, the insured amount of this type of insurance in China mainland market does not exceed 2%, and most companies still hold an active concern and cautious purchase attitude. A large part of the reason is that in the domestic market, there are still some difficulties in determining the premium and defining the liability of this type of insurance. Some experts pointed out that this kind of insurance will become an insurance product with sustainable growth and profit potential, and the market potential is huge. It is believed that with the further improvement of China's legal system and management mechanism, in the near future, executive liability insurance will play an important role in avoiding the professional risks of executives in China's mainland market.
What kind of organization is the China Chamber of Commerce? The Chinese Business Association is committed to building a "green channel" for exchanges and cooperation among Chinese business elites around the world and providing "one-stop lifelong service" for its members. The service scope of Chinese Chamber of Commerce covers investment and financing, consulting, planning, packaging promotion, high-level public relations, international cooperation, training, media, publishing and other fields. Well, I feel dizzy after reading this paragraph. But it seems to be a place where everyone can discuss how to do things together. There are many political and business celebrities in it.
What is the Chinese Medical Association? It is the professional committee of middle-aged and elderly health care of China Medical and Health Care International Exchange Promotion Association. It is a national social organization headed by the Ministry of Health and registered by the Ministry of Civil Affairs.