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Article NO. Content

Title：

Sample Template for XXX Co., Ltd. Rules Governing the Exercise of Rights and Participation in Resolutions by Juristic Person Shareholders With Controlling Power  CH

Amended Date： 2010.11.10 
Categories： Corporate Governance
Article Content Content Search Article No. Search Legal Basis Amended Article Legislative History Chinese
Article 5     (Required qualifications for representatives)
    Under any of the following circumstances, a natural person may not serve as a representative of a juristic person shareholder with controlling power:
  1. The person has received a final and unappealable sentence for violating the Organized Crime Prevention Act, and 5 years have not yet elapsed since completion of the sentence.
  2. The person has received a sentence of imprisonment for 1 year or more for committing the crime of fraud, breach of trust, or misappropriation, and 2 years have not yet elapsed since completion of the sentence.
  3. The person has received a final and unappealable sentence for embezzlement in his or her service as civil servant, and 2 years have not yet elapsed since completion of the sentence.
  4. The person has been declared bankrupt and his or her rights have not been reinstated.
  5. The person currently remains blacklisted after the dishonoring of a negotiable instrument.
  6. The person has no legal capacity to act, or has limited legal capacity to act.