What is the process of setting up a branch office?
The process of establishing branches is as follows:
1. Application for registration of branch establishment signed by the legal representative of the company;
2. Certificate of designated representative or authorized agent signed by the company and a copy of ID card of designated representative or authorized agent;
3. Articles of Association (signed by the legal representative of the company);
4. A copy of the company's business license;
5. Certificate of use of the business premises of the branch;
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;
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.
To sum up, the branch has no legal representative, only the person in charge. The person in charge of a branch is a person who engages in civil activities on behalf of the branch in accordance with the provisions of laws or articles of association. Only the head office has a legal representative.
Legal basis:
Article 14 of the Company Law of People's Republic of China (PRC)
Companies can 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.