Can a branch become a defendant?

Legal analysis: the branch can be the defendant. If a branch company does not have legal person status, its civil liability shall be borne by the head office. However, branches, like other organizations, can also participate in civil litigation, and the main person in charge shall conduct litigation activities on behalf of the branch.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 48 Citizens, legal persons and other organizations may be parties to civil litigation. A legal person shall file a lawsuit by its legal representative. Other organizations are sued by their principal responsible persons.

Article 49 A party has the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement. The parties may consult the relevant materials of this case and copy the relevant materials and legal documents of this case. The scope and methods of consulting and copying relevant materials in this case shall be stipulated by the Supreme People's Court. The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform legally effective judgments, rulings and conciliation statements.

Article 14 of the Company Law of People's Republic of China (PRC) * * 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.