The branch has no legal representative, only the person in charge; Only the head office has a legal representative. The person in charge of a branch company may be the legal representative of the head office, but the branch company does not have the qualification of a legal person and cannot bear the responsibility independently, and its civil liability shall be borne by the head office. According to the Company Law, a branch shall obtain a business license, but it is under the command and management of the head office in terms of production and operation, capital allocation and personnel management. Therefore, when filling in the legal representative, the branch company should write down the legal representative of the head office.
Responsibilities of the legal representative:
1. Sign important documents on behalf of the company;
2. To represent the company within the scope prescribed by laws and administrative regulations;
3. Be responsible for the daily operation and management of the company;
4. Be responsible for the company's behavior according to law;
5. Implement the resolutions of the board of directors or shareholders' meeting;
6. To appoint or dismiss senior management personnel of the Company;
7. Other duties stipulated by laws or articles of association.
To sum up, the legal representative of the branch company should fill in the legal representative of the head office, because the branch company has no legal representative, only the person in charge, and the branch company does not have legal personality, and its civil liability shall be borne by the head office. Branches are under the command and management of the head office in terms of production and operation, fund scheduling and personnel management, so when filling in the legal representative, you should write the legal representative of the head office.
Legal basis:
Company Law of the People's Republic of China
Article 14
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.