The Legal Status Of Sc Company Senior Management Personnel

The revised Company Law has established the system of the company secretary formally, who has been defined as the administrative officer. Although the expression of our Company Law which subordinates to the continental law system is almost the same as it in Britain, the USA, or Macao, as a result of the differences in the social environment for the legal system and the control structure, actually the legal status of the company secretary in our country totally differs from that in those countries or areas. We should express more definitely in the substantive connotation of the company secretary, especially the relationship with other managing department of company, from its appointing and dismissing, authority, legal responsibility and so on by the judicial interpretation and the departmental laws, so that its legal status will be improved. This would make it work better with other system of control structure.This thesis consists of three parts to demonstrate the legal status of company secretary by integrating the methods of contrasting, analysis and induction with the hope of putting forward some useful advices on the perfection of company secretary system in current laws and regulations.The first part of this thesis generally gives the overview on company secretary system, based on the introduction of its historical origin. Then, it introduces the fundamental value of company secretary including efficiency, safety value and procedure value and analyzes the legal relations with other company organizations and members.The second part of this thesis mainly contains the analysis of evolution and legal status of company secretary. Firstly, it presents the formation and development of company secretary form1994to2006. Secondly, the specific analysis of its legal status is given in terms of appointment and dismissal, terms of reference, obligations and responsibilities. At last, it gives the comparative study with other company secretary in different control structure.The third part of this thesis is basically composed of the reason why the legal status of company secretary is not so valued in our country and the suggestion on perfection of company secretary system.