1. Look at the company name: According to the Regulations on the Administration of Enterprise Name Registration, subsidiaries should add the name of "XX Head Office" or "XX Group Company" before their own names;
2. Look at the company's financial statements: subsidiaries are managed by the head office, major operations must be reported to the head office for approval and decision, and operating results and financial statements must be included in the preparation of the head office;
3. Look at the company's articles of association: the company's articles of association are the core confidential documents of the company, and the company structure is clear at a glance.
The businesses of many large enterprises are distributed all over the country and even in many countries, and the branches or subsidiaries established by the company directly engage in these businesses. These branches or subsidiaries are called branches. The company itself is called the head office or company. Although the relationship between the branch and the head office is somewhat similar to that between the subsidiary and the parent company. However, the legal status of a branch company is completely different from that of a subsidiary company, and it has no independent legal status. A branch is a branch or subsidiary directly engaged in business activities of the head office. Although a branch has the word company, it is not a real company. Because the company does not have the qualification of an enterprise legal person, does not have an independent legal status, and does not bear civil liability independently. The characteristics of this branch are as follows:
1. The branch does not have its own independent property, but the property actually occupied and used is part of the property of the head office and listed in the balance sheet of the head office;
2. The branch does not bear civil liability independently;
3. The branch is not a company, and its establishment does not need to follow the company's establishment procedures, as long as it performs simple registration and industrial and commercial procedures;
4. The branch does not have its own articles of association, and there is no corporate business decision-making and business execution organization in the form of a board of directors;
5. The name of the branch, just add the word branch after the name of the head office.
legal ground
Article 14 of the Company Law of People's Republic of China (PRC) * * A company may set up branches. The establishment of a branch company shall apply to the company registration authority for registration and obtain a business license. A branch company does not have legal person status, and its civil liability shall be borne by the company. A company may set up subsidiaries, which have legal personality and independently bear civil liabilities according to law. Article 16 The company's investment in other enterprises or providing guarantee for others shall be decided by the board of directors or shareholders' meeting in accordance with the provisions of the company's articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits. Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting. Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting.