Can the branch undertake the guarantee responsibility?

Legal analysis: branches and functional departments of an enterprise as a legal person may not act as guarantors. If the branch of an enterprise as a legal person has written authorization from the legal person, it may provide guarantee within the scope of authorization. So unless authorized by the head office, the branch can't be a guarantor.

Legal basis: Article 74 of the Civil Law of People's Republic of China (PRC), legal persons can set up branches according to law. Where laws and administrative regulations stipulate that branches should be registered, such provisions shall prevail. Branches engage in civil activities in their own names, and the resulting civil liabilities shall be borne by legal persons; It can also be borne by the property managed by the branch company first. If it is insufficient, it shall be borne by the legal person.