What is the definition of subsidiary in China's company law?
In fact, it is not feasible to develop China's economic order by administrative means and corresponding mandatory plans, because this is gradually reflected in the management development of some state-owned enterprises in China. Therefore, China took the time to make up for and repair the relative lack of legal person system, which has a special definition of subsidiaries. In fact, the definition of subsidiary in the company law means that the corresponding proportion of shares in the company is actually controlled by the parent company, but the property between the two parties is independent. 1. What is the definition of subsidiary in China's company law? 1. A subsidiary refers to a company whose shares are held by another company or actually controlled by another company through an agreement. Although the subsidiary is controlled by the parent company, it is still an independent enterprise with legal person status in law. Have its own name and articles of association, and carry out business activities in its own name. Its property and the property of the parent company are independent of each other and each is responsible for its own debts. 2. Subsidiaries shall independently bear civil liabilities according to law. Subsidiaries are economically dominated and controlled by the parent company, but legally, subsidiaries are independent legal persons. The independence of subsidiaries is mainly manifested in: having an independent name and articles of association; Having an independent organization; Have independent property, be responsible for its own profits and losses, and conduct independent accounting; Carry out various non-governmental economic activities in its own name; Independently bear all the consequences and responsibilities brought by the company's actions. 3. A subsidiary refers to a company that is controlled or actually controlled and dominates a certain number of shares by another company according to the agreement. A subsidiary owns all its own property, has its own company name, articles of association and board of directors, conducts business activities and various civil activities in its own name, and independently bears all consequences and responsibilities brought about by the company's actions. However, major decisions or major personnel arrangements involving the interests of the company still have to be decided by the parent company. Two. Contents of subsidiaries in the Company Law Article 14 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. Three. Establishment of subsidiary 1. A subsidiary refers to a company whose shares are held by another company or actually controlled by another company through an agreement. Although the subsidiary is controlled by the parent company, it is still an independent enterprise with legal person status in law. Have its own name and articles of association, and carry out business activities in its own name. Its property and the property of the parent company are independent of each other and each is responsible for its own debts. 2. Subsidiaries shall independently bear civil liabilities according to law. Subsidiaries are economically dominated and controlled by the parent company, but legally, subsidiaries are independent legal persons. The independence of subsidiaries is mainly manifested in: having an independent name and articles of association; Having an independent organization; Have independent property, be responsible for its own profits and losses, and conduct independent accounting; Carry out various non-governmental economic activities in its own name; Independently bear all the consequences and responsibilities brought by the company's actions. Therefore, the definition of subsidiary in Company Law is very clear. The shares in the subsidiary are controlled by another company, and both parties can control and dominate the subsidiary by the parent company according to the original agreement. However, there is no conflict between the two when they engage in civil activities and bear corresponding civil liabilities, but some major decisions and projects of subsidiaries must be implemented through the decisions of the company.