A branch refers to a branch under the jurisdiction of the company in terms of business, funds and personnel. Not qualified as a legal person. A branch is a branch, which is not independent in law and economy, but a subsidiary of the head office. A branch company has no name, articles of association or property, and it shall bear legal liability for the debts of the branch company with the assets of the head office.
Branch refers to the branch under the jurisdiction of the company, and refers to the organization established by the company outside its residence to engage in activities in its own name. The branch company does not have the qualification of enterprise legal person, and its civil liability shall be borne by the head office. Although there is the word company, it is not a real company and has no articles of association. The company name can only add the word "branch" after the name of the head office.
As a legal person, a limited liability company or a joint stock limited company shall, according to the needs of production and business activities, adopt the management mode of setting up branches within the company according to business classification and geographical scope, and carry out a reasonable division of labor. According to the Company Law, a branch established by a limited liability company or a joint stock limited company does not have the qualification of an enterprise legal person, and its civil liability shall be borne by the head office.
The registration of a branch company is much simpler than that of an ordinary company, but it should be noted that the business items of the branch company shall not exceed the business scope of the head office. If a branch wants to increase business projects, it must first add projects by the head office, and then the branch company applies for adding projects. If there are licensed business projects in the added projects, it must apply for permission at the same time. It is illegal for a branch to operate projects beyond the business scope of the head office. In addition, there are separate accounting and unified accounting for taxes. If it is accounted for separately, it must be registered locally. If it is unified accounting, it is not necessary, but the specific requirements need to be consulted with the local tax authorities, who will determine these.
First, the basis for handling
Company Law of People's Republic of China (PRC) and Regulations of the People's Republic of China on the Administration of Company Registration.
Second, handle the materials that need to be submitted
1. Application for registration of branch establishment signed by the legal representative of the company (with the official seal of the company);
2. The certificate of designated representative or authorized agent signed by the company (official seal of the company) and a copy of the identity certificate of designated representative or authorized agent;
3. Articles of Association (with official seal of the company);
4. A copy of the company's business license (stamped with the company's official seal);
5. Certificate of use of the business premises of the branch;
Submit a copy of the property ownership certificate of the own property; A copy of the lease agreement and the lessor's property right certificate shall be submitted for the leased house. If the house is an urban house without obtaining the property right certificate, submit the certificate of the real estate management department or the certificate of completion acceptance, a copy of the purchase contract and the house sales license; If it is a non-urban house, submit relevant certificates stipulated by the local government. If the lessor is a hotel or restaurant, it shall submit a copy of the business license of the hotel or restaurant. If a general uses real estate as a residence, he shall submit a copy of the military real estate lease license.
If the house is changed into a business house, if it is an urban house, it shall also submit the registration schedule-the registration form of residence (business premises) and the certificate issued by the local residents' committee (or owners' committee) that the interested owners agree to change the house into a business house; If it is a non-urban house, submit relevant certificates stipulated by the local government.
6. A copy of the employment document and identity certificate of the person in charge of the branch issued by the company;
7. The business scope of the branch applying for registration includes the items that must be approved before registration according to laws, administrative regulations and the State Council decisions, and the relevant approval documents or copies of licenses or permits shall be submitted;
The business scope of the branch shall not exceed the business scope of the company.
8. Where laws, administrative regulations and the State Council decisions stipulate that the establishment of a branch company must be approved, a copy of the relevant approval documents or licenses shall be submitted.
note:
1. The application form and other application materials submitted shall be A4 paper.
2, the above did not indicate the copy, should be submitted to the original; If a copy is submitted, it shall be marked as "consistent with the original" and signed by the company, or its designated representative or entrusted agent shall affix its official seal or signature.
3, according to the statutory conditions and procedures, need to verify the substance of the application materials, according to the law to verify.
4. After the registration of the establishment of a branch company is approved by the company registration authority, the company shall apply to the company registration authority for filing with a copy of its business license within 30 days.
Third, the handling procedures
Application-Acceptance-Examination-Decision
Fourth, the processing cycle.
If the application materials are complete and conform to the statutory form, the business license shall be obtained within three working days from the date of receiving the acceptance notice.
Verb (abbreviation for verb) cost
be free of charge
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.