1. Does the branch belong to an unincorporated enterprise as a legal person?
Enterprise legal persons are divided into corporate legal persons and unincorporated legal persons. No matter whether it is an enterprise legal person or a non-enterprise legal person, it is not a legal person and has the independent legal person qualification stipulated by law. However, the branch is not a legal person, obeys the arrangement of the head office, has no independent personality, does not have legal person qualification, and does not belong to an unincorporated legal person.
Second, the main characteristics of the branch
1. The branch is established by the head office according to law, and the main business activities of the branch are completely decided by the head office. Branches generally carry out business activities under the entrustment of the head office in the name of the head office.
2. The branch does not have its own independent property, and all the assets of the branch belong to the head office. The branch and the head office are unified in economic accounting, and the property actually occupied and used by them is part of the property of the head office and included in the balance sheet of the head office.
3. A branch is not a company, so it can be established without following the company's establishment procedures, as long as it performs simple registration and industrial and commercial procedures.
4. Branches do not bear civil liabilities independently, and there is no corporate decision-making and business executive body in the form of board of directors. The head office shall bear unlimited liability for the debts of its branches.
5. The branch does not have its own independent name and articles of association, and can only use the same name and articles of association as the head office.
Three. Does the branch have independent legal personality?
Paragraph 1 of Article 14 of China's Company Law stipulates: "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. The branch does not have legal person status, and its civil liability shall be borne by the company. " In other words, the branch company cannot participate in civil litigation on its own and has no legal personality.
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 branch is not a legal person, and it must obey the arrangement of the head office. No independent personality, no legal personality, and no legal person.
Legal objectivity:
Article 3 of the Company Law of People's Republic of China (PRC) is an enterprise legal person, with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.