2. Relevant documents used in the business premises. A copy of the property ownership certificate shall be submitted for the own property; Submit a copy of the lease agreement of the leased house; If the house is used for free, the certificate that the owner of the house agrees to use it for free shall be submitted; If a general uses real estate as a residence, he shall submit a copy of the military real estate lease license.
3. A copy of the post information and identity certificate of the person in charge of the branch.
4. A copy of the company's business license.
5. If the laws, administrative regulations and decisions of the State Council stipulate that the establishment of a branch company must be approved or the business scope of the branch company's application for registration includes projects that must be reported to the company before registration according to laws, administrative regulations and decisions of the State Council, a copy of relevant approval documents or licenses shall be submitted.
If the above materials are complete, you can apply for administrative license.
Submit application materials at the office window;
If it meets the statutory form and the materials are complete, a business license shall be issued.
What is the procedure for setting up a branch office?
Step 1: The applicant submits an application to the window of the Industrial and Commercial Bureau of the Municipal Affairs Service Center with relevant materials. After the acceptance personnel pass the preliminary examination, they will issue an acceptance notice or a receipt of the application materials; Do not meet the acceptance conditions, on the spot or within 5 working days to inform the applicant of all the materials that need to be supplemented (issue a notice).
Step 2: If the applicant's application materials are complete and conform to the statutory form, he will make a decision on whether to approve the registration on the spot and issue a notice of registration decision; If it is necessary to verify the substantive contents of the application materials, it shall issue a Notice on Matters Needed to Be Verified in Enterprise Registration Materials, and make a decision on approval or disapproval within 10 working days.
Step 3: After 5 working days (except for the substantial contents of the application materials that need to be verified), the applicant will obtain the business license at the issuing window with the Notice of Registration Decision.
Third, the difference between a branch and a subsidiary.
(1) is established in different ways.
The head office applies to the local industrial and commercial authorities outside its domicile for the establishment of a branch office, which belongs to the establishment of a branch office.
The subsidiary is established by the shareholders of the company in accordance with the provisions of the Company Law, and meets the requirements of the Company Law on the conditions for the establishment of the company and the mode of capital contribution.
(2) Different legal status
Branches have no legal personality, independent name, articles of association and organization, and engage in business activities in the name of branches of the head office.
A subsidiary is an independent legal person with legal personality, independent name, articles of association and organization, and engages in business activities in its own name.
(3) Different control methods.
The personnel, business and property of the branch company are directly controlled by the head office and engaged in business activities within the business scope of the head office.
Generally, the parent company does not directly control its subsidiaries, but affects its production and operation activities by appointing and dismissing board members and making investment decisions.
(4) There are different ways to assume debt responsibility.
As the branch does not have its own independent property, it is financially unified with the head office. Therefore, the head office is responsible for paying off its operating debts, that is, the head office is responsible for the debts in the operating activities of the branch company to the extent of all its property.
As an independent legal person, a subsidiary is liable for its debts with all its assets.
(5) The obtained business licenses are different.
The branch company obtains a business license with the words "person in charge" on it.
The subsidiary receives the Business License of Enterprise as a Legal Person with the name of the legal representative.
(6) Different product packaging labels
A branch company may indicate its own name and domicile, or indicate the name and domicile of the head office at the same time, or only the name and domicile of the head office.
A subsidiary must indicate its name and domicile on the outer packaging of its products.
(6) Different taxes.
There is a big difference between setting up a branch and setting up a subsidiary through holding. Because the branch is not an independent legal person, its profits and losses should be combined with the head office to calculate and pay taxes, while the subsidiary is an independent legal person, and the parent and subsidiary companies should pay taxes separately.
Legal basis:
Company Law of the People's Republic of China
Article 14 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.
company law
Article 14 stipulates: "A company may set up a branch, which does not have the status of an enterprise legal person, and its civil liability shall be borne by the company."
"the Supreme People's Court's Opinions on Implementing Several Issues"
Article 107 stipulates; "If a branch of an enterprise as a legal person without legal person qualification signs a guarantee contract in its own name, it shall generally be deemed invalid. However, the resulting property liabilities, if they have solvency, shall be borne by the branches themselves; If the assets are insolvent, it shall be borne by the enterprise legal person. "