Companies, head offices and subsidiaries have specific legal person qualifications, so the name of the license is Business License for Enterprise Legal Person, and the legal representative is indicated on the license.
Question 2: Does the branch company have no legal personality? Branch is a concept corresponding to the head office or our company.
The businesses of many large enterprises are distributed all over the country and even in many countries, and the branches or subsidiaries established by the company directly engage in these businesses. These branches or subsidiaries are called branches. The company itself is called the head office or company.
Although the relationship between the branch and the head office is somewhat similar to that between the subsidiary and the parent company. However, the legal status of a branch company is completely different from that of a subsidiary company, and it has no independent legal status. A branch is a branch or subsidiary directly engaged in business activities of the head office. Although a branch has the word company, it is not a real company. Because the branch does not have the qualification of an enterprise legal person, does not have an independent legal status, and does not bear civil liability independently.
The characteristics of the branch are as follows: ① The branch does not have its own independent property, and the property actually occupied and used is part of the property of the head office and listed in the balance sheet of the head office. (2) The branch does not bear civil liability independently. (3) A branch is not a company, and its establishment does not need to follow the company establishment procedures, as long as it can be established through simple registration and industrial and commercial procedures. (4) The branch does not have its own articles of association, and there is no corporate decision-making and business executive body in the form of board of directors. (5) The name of the branch, as long as the words "branch" are added behind the name of the head office.
Question 3: The most direct reason why a branch company has no legal person qualification comes from the legal provisions. The concept of legal person was originally invented by law, and its typical characteristics are independent responsibility, independent property and independent personality. China's company law clearly stipulates that a branch company is not a legal person, and its establishment procedures are not applicable to the provisions on the establishment of a company.
The main reasons for not setting a branch as a legal person are as follows: the company law stipulates two systems: branch and subsidiary, which have their own advantages and disadvantages, and enterprises can freely choose to set up according to their own conditions. If the branch is also defined as an independent legal person, it will lead to the overlap between the subsidiary and the branch system, which is equivalent to abolishing the branch system, which is difficult to reflect the characteristics and advantages of the branch, and enterprises also lack choices.
The following is a brief introduction to the main features of this branch for your understanding:
Advantages:
1, the branch does not have the legal person status, which means that the branch acts on behalf of the head office, and it also means that all kinds of responsibilities caused by the branch will be borne by the head office. Generally, enterprises that set up branches are relatively large in scale, which is obviously safer from the perspective of responsibility, and is conducive to protecting the interests of consumers and companies that have business dealings.
2, because the branch has no independent legal personality, so the relationship with the head office is like human hands and feet, * * * has brains, while the relationship between the subsidiary and the parent company is like mother and son. From the point of view of management and control, the head office can manage branches more directly and effectively, make decisions more quickly, and set the authority of branches according to actual needs.
Disadvantages:
1, the branch has no independent subject qualification, which will lead to the lack of independent litigation rights. For China's four major banks, commercial banks, mobile communications and other giants, there may be a lot of disputes every day. If the litigation right is exercised by the head office, the management of these head offices will be directly paralyzed. Therefore, China's civil procedure law stipulates that some branches can exercise litigation rights on behalf of the company.
2. The branch company has no independent personality, which will cause the company to need the explicit authorization of the head office when conducting some business activities, such as bidding, large or very important contracts.
Therefore, the branch system and subsidiary system have their own advantages and disadvantages, which lies in the choice of companies. When the law stipulates this system, it also fully embodies the free characteristics of civil and commercial law.
Question 4: Does the branch have independent legal personality? A branch has no independent legal personality, but is a branch of the company, but it can be the main body in civil litigation.
Question 5: Does the branch have legal person status? This branch does not have legal person qualification! The so-called "branch" with legal person qualification is called a subsidiary!
Question 6: Does the branch have a legal representative? The branch is not a legal person, and there is no legal representative, only the person in charge.
Question 7: Why are subsidiaries legal persons and non-legal persons? 1. Subsidiary is an independent company with legal personality. And whether the branch company is an independent company does not have legal personality.
2. Branch is the concept corresponding to the head office or company, and subsidiary is the legal concept corresponding to the parent company.
(1) 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.
(2) 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.
3. Relevant laws and regulations:
Article 14 1 of the Company Law stipulates: "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. The branch does not have legal person status, and its civil liability is borne by the company. " A branch with a business license can participate in litigation independently in its own name, but if it is unable to bear the responsibility, it shall be borne by the company. Therefore, Company A should bear civil liability for its branch.
Paragraph 2 of Article 14 of the Company Law stipulates: "A company may set up subsidiaries, which have legal personality and independently bear civil liabilities according to law." Although the parent company and subsidiaries are controlled and controlled, they are both legal persons, and they bear civil liabilities independently and are not related to each other. Therefore, Company A should bear civil liability independently and cannot be implicated in a biochemical product company.
Question 8: Why a branch is not a legal person and a subsidiary is a legal person can be understood conceptually.
A subsidiary refers to a company whose shares are owned by another company or actually controlled by another company through an agreement. In other words, a subsidiary is actually an independent company with independent accounting, and it becomes a subsidiary of other companies only because it is invested and controlled by other companies. For such an independent company, it is naturally a legal entity and bears civil liability independently.
A branch is a branch or subsidiary directly engaged in business activities of the head office. Although the branch has the word "company", it is not a real company. It is only a subsidiary of the parent company in nature and is not independent in accounting. Therefore, it does not have the qualification of a legal person and cannot bear civil liability independently.
Question 9: Does the branch have independent legal personality? Paragraph 1 of Article 14 of China's Company Law stipulates: "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. The branch does not have legal person status, and its civil liability shall be borne by the company. " In other words, the branch company cannot participate in civil litigation on its own and has no legal personality.