Becoming a Director of a Partnership Company when Being a Capital Contributing Member of the Partnership Company?
Can a limited partner in a partnership company be the director?
Admin, I would like to ask if a capital-contributing member in a partnership company can be the director? Thank you, Admin.
Answer:
Pursuant to the provisions of Clause 1, Article 182 of the Enterprise Law 2020:
- The members' council consists of all members. The members' council elects a general partner to be the Chairman of the members' council and concurrently the Director or General Director of the company unless the company's charter stipulates otherwise.
According to this provision, in principle, a general partner will be elected as the Chairman of the members' council, and concurrently the Director or General Director of the company.
However, in cases where the company's charter allows a capital-contributing member to be the Director or General Director of the company, it is still permissible.
Therefore, in response to your question, whether a capital-contributing member can be the Director of a partnership company will depend on the provisions of the company's charter. If the company charter does not stipulate this, it is not allowed.
What assets does a partnership company have?
According to the new enterprise law regulations, what types of assets does a partnership company have?
Answer:
Pursuant to Article 179 of the Enterprise Law 2020:
The assets of a partnership company include:
- Capital contributions of the members that have been transferred to the company;- Assets created in the name of the company;- Assets gained from business activities conducted in the name of the company by general partners or business activities of the company conducted by general partners in their personal capacity;- Other assets as prescribed by law.
These are the assets of a partnership company according to the aforementioned legal provisions.
Must the Chairman of the Members' Council of a partnership company also be the director?
According to the latest enterprise law regulations, in a partnership company, is the Chairman of the Members' Council required to concurrently be the Director or General Director?
Answer:
Pursuant to Article 182 of the Enterprise Law 2020:
- The members' council consists of all members. The members' council elects a general partner to be the Chairman of the members' council and concurrently the Director or General Director of the company unless the company's charter stipulates otherwise.
Thus, if the company's charter does not stipulate otherwise on this issue, the Chairman of the Members' Council concurrently serves as the Director or General Director of the partnership company according to this provision.
Sincerely!
