1. Branch is a branch of the head office and has no legal personality. Its funds and business are controlled by the head office. However, the branch can obtain a business license and engage in civil activities in its own name;
2. A listed company may set up branches. To establish a branch company, it shall apply to the company registration authority for registration and obtain a business license;
3. The branch company has no legal person qualification, 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.
I. Business scope of the branch
The business scope of a branch company shall not exceed that of the head office.
1, legal status and civil liability of the branch.
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. "This provision clarifies the attribution of civil liability of the branch, that is, the branch cannot bear civil liability independently, and the consequences and responsibilities of all its actions shall be borne by the affiliated company.
If the property managed by the branch of an enterprise as a legal person is insufficient to bear the guarantee liability, the enterprise as a legal person shall bear civil liability. If the guarantee provided by a branch of an enterprise as a legal person is invalid and it should be liable for compensation, it shall be borne by the property managed by the branch.
2. Do I need to apply for a separate business license to set up branches in different places?
According to the relevant provisions of China's administrative regulations, enterprises that have obtained business licenses can conduct business in different places, and do not need to apply for business licenses in different places. However, if they belong to other branches and other operating institutions, they should apply for business licenses.
As far as enterprises are concerned, as long as there is no geographical restriction on the scope of application of the administrative license obtained by enterprises, they can engage in licensing activities nationwide without applying for the same administrative license again elsewhere.
Legal basis:
Article 14 of the Civil Code 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.