Can the business scope of the branch be different from that of the head office?

According to the Company Law, the business scope of a branch company shall not exceed that of the head office. Where a branch company is established, a paid copy of the business license of the head office, the articles of association, the resolution of the shareholders' meeting or the board of directors on the establishment of the branch company, and the certificate of use of the office space of the branch company (house lease agreement, house ownership certificate, and identity certificate of the head of the household) shall be submitted; There are also relevant establishment forms of industrial and commercial departments (including name approval application and branch establishment application).

The business scope refers to the commodity categories, varieties and service items that the state allows the enterprise as a legal person to produce and operate, which reflects the content and production and operation direction of the enterprise as a legal person, is the legal boundary of the enterprise as a legal person, and embodies the core content of the enterprise as a legal person's civil rights capacity and behavior capacity.

The General Principles of the Civil Law stipulates that "an enterprise as a legal person shall engage in business within the approved and registered business scope." This legally defines the scope of business activities of enterprise legal persons. Once the business scope is approved and registered, the enterprise has the right and ability within this scope, and at the same time undertakes the obligation not to operate beyond the scope. Once it is exceeded, it will not only be protected by law, but also be punished. The approved business scope of an enterprise is the legal boundary to distinguish between legal and illegal business operations of an enterprise.

According to the Company Law, there are the following requirements for the business scope of the company:

The business scope of the company is stipulated in the articles of association, and the company cannot apply for registration beyond the business scope stipulated in the articles of association.

2. The business scope of the company must be registered according to law, that is, the business scope of the company shall be subject to the approval of the registration authority. The company shall engage in business activities within the business scope approved by the registration authority.

3. Projects within the company's business scope restricted by laws and administrative regulations must be approved according to law before registration.

Therefore, whether it is a branch or a head office, the business scope defined in the business license and articles of association shall prevail.

References:

Business scope of Baidu Encyclopedia Branch