But in some industries, the law does not allow affiliation.
For example, in the construction industry, this behavior is likely to cause poor engineering quality, major hidden dangers in safety and serious losses. If there is a dispute, the affiliated enterprise will become the defendant and the affiliated enterprise will go unpunished. Therefore, it has been prohibited by some laws and regulations, normative documents and laws and regulations of the construction industry.
According to the Construction Law: "Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses to undertake projects in their own names in any form." In other words, any construction project contract signed by illegally lending or borrowing qualification certificate or business license is invalid. According to Article 26 of the Construction Law: "Those who transfer or lend qualification certificates or allow others to undertake engineering tasks in the name of their own units in other ways shall be affiliated to undertake projects." Article 25 of the Regulations on Quality Management of Construction Projects stipulates: "Construction enterprises are prohibited from contracting projects in the name of other construction enterprises in any form. Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses to undertake projects in their own names in any form. This can be seen as the definition of affiliated enterprises in the form of prohibition by law. "
Question 2: What does it mean to be affiliated? Analysis of architectural hunting nets: For most people, subordination is a very strange term. I believe many people don't know what subordination is. Not to mention the meaning of membership. Of course, for construction enterprises or engineers, the word affiliated is familiar. The so-called link is to link your certificate to other units, but you don't have to go to work in their units, and they will also give you the corresponding link fee.
Now the real estate and construction industries are developing rapidly. In addition, the state spends tens of billions on the construction of some large-scale projects every year. If enterprises want to get a slice of the pie, they must constantly upgrade their qualifications and keep their qualifications, which requires more construction talents, thus making the construction industry in China an undercurrent. Therefore, when construction enterprises encounter qualification upgrading or qualification demotion, they will seek ways to link certificates, which is the origin of the so-called certificate linking.
Moreover, the link is not only applicable to the link of certificates, but also exists between enterprises. So what does it mean to belong to a company? That is, a construction company allows another construction company to undertake various projects in the name of its own company within a certain period of time, so why use other people's companies to undertake projects? That's because another company's qualification has not been required by the Ministry of Construction, and it needs to be affiliated with other companies to undertake it. The party that allows others to use their own business name will be called an affiliated enterprise, and the other party will be an associated person. This kind of subordinate relationship between enterprises requires the signing of contracts to stipulate the rights and obligations that both parties have and must abide by, which also fundamentally protects the legitimate rights of both parties.
Enterprises and individuals (hereinafter referred to as related parties), affiliated with qualified enterprises (hereinafter referred to as related parties), undertake business, related parties provide services in terms of qualification, technology and management, and affiliated enterprises pay management fees in the affiliated direction, which belongs to the affiliated behavior. The essence of affiliated business behavior is contracting and leasing business behavior. If the related party operates in the name of the related party, the related party shall bear relevant legal responsibilities; The operating income and expenses of related parties are all included in the financial accounting of related parties; The distribution of interests between related parties and affiliated parties is based on the profits of related parties; The settlement between related parties is an internal contracting operation.
Question 3: What does it mean to be affiliated? [Edit this paragraph] Enterprises and individuals (hereinafter referred to as related parties) are affiliated with qualified enterprises (hereinafter referred to as related parties) to undertake business. Related parties provide services in terms of qualification, technology and management, and related parties pay management fees to related enterprises. The essence of affiliated business behavior is contracting and leasing business behavior. If the related party operates in the name of the related party, the related party shall bear relevant legal responsibilities; The operating income and expenses of related parties are all included in the financial accounting of related parties; The distribution of interests between related parties and affiliated parties is based on the profits of related parties; The settlement between related parties is an internal contracting operation. "Affiliation", the so-called "enterprise affiliated operation", refers to the behavior of allowing construction enterprises to allow others to undertake projects in the name of their own enterprises within a certain period of time. An enterprise that allows others to use its own name is an affiliated enterprise, and an enterprise or natural person engaged in business activities in the name of an affiliated enterprise is a related person accordingly. The Supreme People's Court did not directly define this behavior as "affiliation" when he formulated the Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Construction Contract Disputes, but expressed it as "borrowing", that is, unqualified actual builders borrowed qualified construction enterprises to engage in construction, and "affiliation" and "borrowing" are actually the same concept. But in some industries [edit this paragraph], the law does not allow affiliation, such as construction. This behavior is likely to cause poor engineering quality, major safety hazards and serious losses. If there is a dispute, the affiliated enterprise becomes the defendant and the affiliated enterprise is at large. Therefore, it has been prohibited by some laws and regulations, normative documents and laws and regulations of the construction industry. The "subsidiary" of the construction industry has several characteristics. One is that the affiliated person does not have the main qualification to engage in construction activities, or although he has the qualification to engage in construction activities, he does not have the qualification level suitable for the requirements of construction projects. For example, a large number of contractors or enterprises have mastered certain social relations resources. They either have no construction qualification at all, or only have professional subcontracting qualification or labor subcontracting qualification, or only have low-level general contracting construction qualification, so they can't participate in the project bidding that only high-level qualified construction enterprises can be shortlisted. Secondly, the affiliated construction enterprises have qualification certificates suitable for construction projects, but they often lack the ability to undertake projects, or even if they have the construction ability, because of the black-box operation of a large number of project bidding, the probability of bidding and winning the bid is almost zero, so the construction enterprises need to "cooperate" with powerful and related affiliated enterprises. Third, the bid bond that affiliated enterprises need to pay in the bidding process, as well as the funds needed for the performance bond or bank performance guarantee that need to be paid after winning the bid, are all raised by affiliated enterprises and paid in the name of affiliated enterprises. Fourth, the affiliated person should pay a certain amount of "management fee" to the affiliated construction enterprise, and the affiliated enterprise should bear the wages of several managers stationed in the construction site. Once the affiliated construction enterprise reaches a so-called cooperation agreement with the affiliated person, the affiliated enterprise will conclude a general construction contract in its own name and go through the relevant procedures, but the affiliated enterprise basically does not manage the actual construction activities, or the so-called "management" only stays in the form, and often sends a few managers symbolically. The cooperation agreement signed by both parties must stipulate that the affiliated enterprise shall not bear the responsibility for the construction period, quality and safety of the project, and the affiliated person shall be responsible for its own profits and losses.
Question 4: What is the meaning of affiliated company? Affiliate refers to a unit with independent legal personality, which is generally understood as the act that a unit or individual uses the name or qualification of other units to engage in production and business activities in the name of related parties and pay certain fees to related parties.
Features of affiliated companies: 1, saving trouble: there is no need for independent legal person qualification and financial system, or even the establishment of accounts, so there are no complicated matters such as industrial and commercial annual inspection and tax audit. 2. Not free: sometimes subject to people. For example, if you want to sign a contract and other external matters, you should show your official seal, financial seal, copy of business license and so on, and apply to the affiliated unit. If you don't have your own independent account, the customer's funds will go to the account of the affiliated unit, and it will be very troublesome and unsafe to withdraw money.
Question 5: What is affiliation? The essence of affiliated business behavior is contracting and leasing business behavior. If the related party operates in the name of the related party, the related party shall bear relevant legal responsibilities; The operating income and expenses of related parties are all included in the financial accounting of related parties; The distribution of interests between related parties and affiliated parties is based on the profits of related parties; The settlement between related parties is an internal contracting operation. "Affiliation", the so-called "enterprise affiliated operation", refers to the behavior of allowing construction enterprises to allow others to undertake projects in the name of their own enterprises within a certain period of time. An enterprise that allows others to use its own name is an affiliated enterprise, and an enterprise or natural person engaged in business activities in the name of an affiliated enterprise is a related person accordingly. The Supreme People's Court did not directly define this behavior as "affiliation" when he formulated the Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Construction Contract Disputes, but expressed it as "borrowing", that is, unqualified actual builders borrowed qualified construction enterprises to engage in construction, and "affiliation" and "borrowing" are actually the same concept. But in some industries, the law does not allow affiliation. For example, in the construction industry, this behavior is likely to cause poor engineering quality, major hidden dangers in safety and serious losses. If there is a dispute, the affiliated enterprise will become the defendant and the affiliated enterprise will go unpunished. Therefore, it has been prohibited by some laws and regulations, normative documents and laws and regulations of the construction industry. One of the characteristics of "affiliated" in the construction industry is that the affiliated person does not have the main qualification to engage in construction activities, or although he has the qualification to engage in construction activities, he does not have the qualification grade suitable for the requirements of construction projects. For example, a large number of contractors or enterprises have mastered certain social relations resources. They either have no construction qualification at all, or only have professional subcontracting qualification or labor subcontracting qualification, or only have low-level general contracting construction qualification, so they can't participate in the project bidding that only high-level qualified construction enterprises can be shortlisted. Second, the affiliated construction enterprises have qualification certificates suitable for construction projects, but they often lack the ability to undertake projects, or even if they have the construction ability, because of the black-box operation of a large number of project bidding, the probability of bidding and winning the bid by themselves is almost zero, so the construction enterprises need to "cooperate" with powerful and related affiliated enterprises. Third, the bid bond that affiliated enterprises need to pay in the bidding process, as well as the funds required for the performance bond or bank performance guarantee that need to be paid after winning the bid, are raised by affiliated enterprises and paid in the name of affiliated enterprises. Fourth, the affiliated person needs to pay a certain "management fee" to the affiliated construction enterprise, and bear the salary of several managers stationed in the construction site by the affiliated enterprise. Once the affiliated construction enterprise reaches a so-called cooperation agreement with the affiliated person, the affiliated enterprise will conclude a general construction contract in its own name and go through the relevant procedures, but the affiliated enterprise basically does not manage the actual construction activities, or the so-called "management" only stays in the form, and often sends a few managers symbolically. The cooperation agreement signed by both parties must stipulate that the affiliated enterprise shall not bear the responsibility for the construction period, quality and safety of the project, and the affiliated person shall be responsible for its own profits and losses. Building law, the three major legal consequences of the construction industry's "affiliation", has banned affiliation. The "Building Law" explicitly prohibits the affiliated behavior. Article 26 of the law clearly stipulates that "construction enterprises are prohibited from exceeding the business scope permitted by their qualification grades or contracting projects in the name of other construction enterprises in any form. Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses in any form to undertake projects in the name of the enterprise. " -the effectiveness of the "associated" behavior between the associated person and the associated enterprise. When trying disputes involving related relationships, local courts generally think that the cooperation agreement, subcontracting agreement or internal contracting agreement signed between related parties and related enterprises is invalid. Article 4 of the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Construction Contract Dispute Cases also clearly stipulates that "the contractor's illegal subcontracting, illegal subcontracting of construction projects or unqualified actual builders' signing construction contracts with others in the name of qualified construction enterprises is invalid. The people's court may, in accordance with the provisions of Article 134 of the General Principles of Civil Law, confiscate the illegal income obtained by the parties concerned. " -On the validity of the general construction contract signed by the affiliated enterprise and the owner. Regarding the validity of the construction contract signed by the affiliated enterprise and the owner, the mainstream view in the legal field agrees with the judicial interpretation. & gt
Question 6: What do you mean by company affiliation? I don't have a company, so I borrow someone else's company to do business and give them some joining fees!
Question 7: What exactly does attached certificate mean? For example, if you are admitted to the first-class construction engineer and get the certificate and seal approved by the construction department, some companies will ask for your certificate and seal. Do you believe that the two sides signed an agreement to use your certificate to take over the project or improve the company's qualification, and do you charge fees from it? This is against the building law. If the other party has serious quality problems in the project, it will be found inadvertently.
Question 8: By the way, what fees do affiliated companies usually charge? They are probably charged at several points according to the project cost, and their own taxes and fees range from 1-4%. If the affiliated company pays taxes, it will be 7-65,438+00 or above, depending on the qualifications of your affiliated company (high qualifications and high fees) and the requirements of each company.
Question 9: I want to join a company. What should I do? ! ! ! Sign an agreement to pay a deposit and pay off the successful payment.
Matters needing attention: First, it is necessary to find out whether the company needs you to hang up the project or the qualification. To hang a project, we must first understand the situation of the affiliated company and whether the project quality can pass the test. If there are problems in the project, the constructor himself will bear legal responsibility. Then there is the annual fee, appearance fee and monthly subsidy. It doesn't matter what qualifications you have for the company. This problem has nothing to do with the builder himself.
Second, after the registration is successful, hang the qualification seal and keep it yourself (remember), and put the registration certificate in the company; Hanging items, both need to be placed in the company.
Third, there are two ways to find an affiliated company: through yourself and through an intermediary. If you are through an intermediary, I suggest you hold on to your qualifications! The intermediary won't give you a long time to get to know the company! You should also be careful when choosing an intermediary. Some personal intermediaries are unreliable.
Fourth, the affiliated company expires: the affiliated company is unwilling to give you a seal or registration certificate, which will affect the transfer registration!
Verb (abbreviation of verb) agreement, the company or intermediary will prepare the agreement for you, so be careful before signing, and all the above content agreements should be emphasized!
Let's get off than Baidu.
All personnel! Hope to adopt. . If in doubt, please continue to consult q77266787 (advance statement, this is what I did, to speak for myself: I want you to feel that the requirements for affiliation have been met, and the intermediary is reliable, regardless of whether he is an intermediary or not. I am the certificate agent! You can consult if you have any questions. It doesn't matter whether you hang it or not. I just need to do what I have to do )
Question 10: What does the link mean? Enterprises and individuals (hereinafter referred to as related parties), affiliated with qualified enterprises (hereinafter referred to as related parties), undertake business, related parties provide services in terms of qualification, technology and management, and affiliated enterprises pay management fees in the affiliated direction, which belongs to the affiliated behavior. The essence of affiliated business behavior is contracting and leasing business behavior. If the related party operates in the name of the related party, the related party shall bear relevant legal responsibilities; The operating income and expenses of related parties are all included in the financial accounting of related parties; The distribution of interests between related parties and affiliated parties is based on the profits of related parties; The settlement between related parties is an internal contracting operation.
But in some industries, the law does not allow affiliation.
For example, in the construction industry, this behavior is likely to cause poor engineering quality, major hidden dangers in safety and serious losses. If there is a dispute, the affiliated enterprise will become the defendant and the affiliated enterprise will go unpunished. Therefore, it has been prohibited by some laws and regulations, normative documents and laws and regulations of the construction industry.
According to the Construction Law: "Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses to undertake projects in their own names in any form." In other words, any construction project contract signed by illegally lending or borrowing qualification certificate or business license is invalid. According to Article 26 of the Construction Law: "Those who transfer or lend qualification certificates or allow others to undertake engineering tasks in the name of their own units in other ways shall be affiliated to undertake projects." Article 25 of the Regulations on Quality Management of Construction Projects stipulates: "Construction enterprises are prohibited from contracting projects in the name of other construction enterprises in any form. Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses to undertake projects in their own names in any form. This can be seen as the definition of affiliated enterprises in the form of prohibition by law. "