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Is it risky for a nominal director not to hold shares?
Nominal directors, also known as nominal directors, refer to people who are nominally directors of a company, but actually do not hold actual positions or perform the duties of directors in the enterprise. Nominal directors are actually registered in the company's industrial and commercial registration and articles of association. Even if they sign an agreement with the actual controller not to participate in the actual management of the company and not to assume any responsibility, the agreement is only valid between the two parties to the agreement and cannot be against a third party. In other words, this internal agreement has no external effect. Therefore, the nominal director is still a director and is still bound by the Company Law.
The risks of the nominal legal representative of a limited liability company are as follows:
1. In terms of administrative responsibility, a nominal legal person may bear administrative responsibility for the company's illegal behavior.
2. In terms of civil liability, the nominal legal person may be liable for the losses caused to the company by itself, directors, supervisors and senior executives.
Legal basis:
company law
Article 149
Directors, supervisors and senior managers who violate laws, administrative regulations or the articles of association when performing their duties in the company and cause losses to the company shall be liable for compensation.
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