Recently, the excellent journal of the national law enforcement industry, “Guangdong Lawyer”, in its 3rd issue of 2025 (totaling 246 issues), published a professional article by Lawyer Ke Cheng, a member of the Corporate Law Committee of the Guangzhou Lawyers Association and the deputy director of the Longan Guangzhou Corporate Law Professional Committee. The article is titled “New Company Law: Series on Directors, Supervisors, and Senior Management Personnel (5): Preventing Potential Legal Risks in the Resignation of Senior Management Personnel”. This article provides relevant references for handling disputes related to the resignation of senior management personnel after the implementation of the new Company Law.
“Guangdong Lawyer” was established on October 28, 1981. It is one of the earliest provincial law enforcement associations in China to publish such a journal. As an excellent journal in the national law enforcement industry and the only provincial-level journal in Guangdong Province, it serves as an authoritative platform for Guangdong lawyers to showcase their professional experience and theoretical achievements. The professionalism and practical value of the articles published in this journal are highly recognized in the industry.
The “Company Law of the People’s Republic of China (implemented on July 1, 2024)” has made significant changes to the rules regarding directors, supervisors, and senior management personnel (hereinafter referred to as “senior management personnel”). This article focuses on preventing potential legal risks related to the resignation of senior management personnel, based on the relevant provisions of the new Company Law and judicial practices. It addresses the core challenges in practice: senior management personnel have dual roles under both the Company Law and labor law, leading to potential conflicts between these laws. Under the Company Law, the dismissal of senior management personnel is a matter of corporate autonomy and follows a principle of no reason. Under labor law, the termination of labor relations requires legal reasons, and thus it is more complex. This article proposes ways to adjust these laws, analyzes common risks in both cases of senior management personnel voluntarily resigning and the company dismissing them, and offers targeted strategies for prevention and control. These strategies provide guidance for corporate compliance management and the protection of senior management personnel’s rights. This article has been highly recognized by peers in the industry and related enterprises, and it has significant practical value.
In the future, Longan Guangzhou will continue to encourage lawyers to conduct deeper research based on practical experience, and to produce more high-quality professional works. This will help enhance legal construction through professionalism, providing more accurate and efficient legal services to clients.
About Lawyer Ke Cheng
Lawyer Ke Cheng
Lawyer Ke Cheng is a partner at Longan Guangzhou. He is also a member of the Professional Committee for Company Law and Legal Advice at Longan. He is a leading young lawyer in Guangzhou. Lawyer Ke Cheng has many years of experience teaching at universities and has spent a long time engaged in legal education and practice. He has published more than ten professional articles in important journals such as “Times Law” and “Journal of Shanghai Political Science University”. He has participated in several national social science fund projects, and has a solid theoretical foundation and research ability. Lawyer Ke Cheng also worked as a legal manager in the legal department of large enterprises, giving him unique insights into corporate operations. His main areas of practice include corporate business, dispute resolution, and criminal-labor intersections. He has provided legal services to clients such as Guangdong Pearl Shipping Co., Ltd., Guangzhou Innovation City Construction Investment Co., Ltd., a district publicity department in Guangzhou, Jinan University Education Development Foundation, Shenghui Holding Group, Beisongqing, and Heinz (China).