1、要公司開工資

1. Ask the company to provide salaries

法定代表人實際參與公司經(jīng)營，付出了勞動，應(yīng)當(dāng)要求公司支付工資，其他的股東未在公司任職，就不能發(fā)工資。

The legal representative who actually participates in the operation of the company and has put in labor should be required to pay wages by the company. Other shareholders who are not employed by the company cannot receive wages.

如此一來，才能體現(xiàn)出責(zé)、權(quán)、利相一致。

Only in this way can the consistency of responsibility, power, and benefit be reflected.

2、股東會同意免責(zé)

2. The shareholders' meeting agrees to exempt from liability

讓股東會做一份決議，法定代表人按照公司的章程或者股東會決議履職。

Let the shareholders' meeting make a resolution, and the legal representative shall perform their duties in accordance with the company's articles of association or the shareholders' meeting resolution.

如果公司由此遭受的損失，法定代表人不承擔(dān)賠償責(zé)任，如果法定代表人個人因此遭受的損失，公司予以全額賠償，公司不足清償?shù)模善渌蓶|補償。

If the company suffers losses as a result, the legal representative shall not be liable for compensation. If the legal representative personally suffers losses as a result, the company shall provide full compensation. If the company is unable to repay the debt, other shareholders shall compensate.

3、約定退出機制。

3. Agreed exit mechanism.

在章程里面寫明：

In the articles of association, it is stated that:

1，法定代表人任職期限三年，任職期限屆滿，股東應(yīng)當(dāng)召開股東會作出決議，重新選舉任命新的法定代表人，除非現(xiàn)任法定代表人同意繼續(xù)履職。

1. The term of office of the legal representative is three years. Upon the expiration of the term, shareholders shall convene a shareholders' meeting to make a resolution to elect and appoint a new legal representative, unless the current legal representative agrees to continue to perform their duties.

2，法定代表人若已經(jīng)將股權(quán)轉(zhuǎn)讓并提出辭職，股東應(yīng)當(dāng)召開股東會作出決議，重新選舉和任命新的法定代表人，除非現(xiàn)任法定代表人同意繼續(xù)履職。

2. If the legal representative has already transferred the equity and submitted resignation, the shareholders shall convene a shareholders' meeting to make a resolution, elect and appoint a new legal representative, unless the current legal representative agrees to continue to perform their duties.

3，同時應(yīng)當(dāng)約定如果未召開股東會時有什么救濟的途徑，比如默認(rèn)有持股比例最多的股東擔(dān)任新的法定代表人。

3. At the same time, it should be agreed on what remedies are available if a shareholders' meeting is not held, such as assuming that the shareholder with the highest shareholding ratio serves as the new legal representative.

4，處理好競業(yè)禁止義務(wù)。法定代表人負(fù)有競業(yè)禁止的法定義務(wù)，除非股東會同意，否則不能從事與公司相同類的業(yè)務(wù)。

4. Handle non compete obligations properly. The legal representative has a legal obligation of non competition and cannot engage in the same type of business as the company unless approved by the shareholders' meeting.