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 and conduct a reasonable division of labor within the company according to the classification and geographical scope of business.
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.
A corporate legal person refers to an enterprise organization established in accordance with the Company Law, which has independent property, can enjoy civil rights and assume civil obligations in its own name, and bear civil liability for the debts of the company with all its property.
The legal representative is the legal representative of a legal person and engages in civil activities on behalf of the legal person. After becoming a legal agent, his natural personality is absorbed by the legal person, and all the responsibilities assumed as a legal agent in civil acts are borne by the legal person. However, the responsibility for exercising civil acts unrelated to the identity of the legal representative shall be borne by me. If the legal representative is at fault in exercising his right of representation in violation of laws and regulations, he shall bear corresponding responsibilities. The legal representative represents the interests of the enterprise as a legal person and exercises the rights of the legal person according to the will of the legal person. The legal representative is responsible for organizing and leading the production and business activities within the enterprise; Represent enterprises abroad and handle all civil activities with full authority. The power of the legal representative is endowed by the legal person, who bears civil liability for the normal activities of the legal representative. However, if the representative's behavior goes beyond the scope of rights granted by the legal person, the legal person may be responsible for it.
Legal basis:
Article 74 of the Civil Code of People's Republic of China (PRC) * * * A legal person may 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.