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The branch does not have the status of a legal person and cannot apply for qualifications.
A branch office is a branch that is under the jurisdiction of the Company in terms of business, capital, personnel, etc., and does not have legal personality. A branch is a branch and has no legal or economic independence, and is only a subsidiary of the head office. The branch does not have its own name, articles of association, and its own property, and is legally responsible for the debts of the branch with the assets of the head office.
A branch under the jurisdiction of a company refers to an institution established by a company outside its domicile to engage in activities in its own name. The branch does not have the status of an enterprise legal person, and its civil liability is borne by the head office. Although there is a company but not a company in the real sense, there is no own articles of association, and the company name only needs to add the word branch after the name of the head office.
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To be sure, no. First of all, we must understand that the main condition for applying for qualifications is that there must be an independent legal person and business license. A branch refers to a branch that is under the jurisdiction of the head office in terms of business, capital, knowledge, etc., but does not have legal personality.
Therefore, it is definitely not possible to apply for qualifications. Here, it is recommended that the enterprise open a subsidiary that is actually controlled, and the subsidiary has an independent legal person and a business license that can be qualified normally. The absolute control of the head office can also operate the subsidiary.
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Legal analysis: 1. First of all, the branch cannot use the construction qualification of the head office to undertake the project alone;
2. If Pixin wants to undertake the project, it can only be undertaken by the head office, and then subcontracted to the branch for construction;
3. The head office plays a management role in the branch, and the branch is responsible for the head office and pays the management fee.
Legal basis: Article 14 of the Company Law of the People's Republic of China A company may set up a branch. The establishment of a branch office shall apply for registration with the company's registration of the machine fuel differential wheel customs and obtain a business license. The branch does not have the status of a legal person, and its civil liability is borne by the company.
A branch is different from a subsidiary, a branch does not have an independent legal personality, it is a branch of the head office, a representative of a company in a certain place, on behalf of the head office to conduct business there, and can engage in the same business scope as the company, but the civil liability arising in the course of business operation shall be borne by the company.
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The construction engineering branch can use the qualification of the head office.
Construction engineering refers to the engineering entity formed through the construction of various types of housing buildings and their ancillary facilities and the installation of supporting lines, pipelines and equipment. Among them, "housing construction" refers to projects with roofs, beams and columns, walls, foundations and internal spaces that can form internal spaces to meet the needs of people's production, residence, study and public activities.
Cultivation goalsStudents will master the basic theories and basic knowledge of engineering mechanics, soil mechanics, surveying, building architecture and structural engineering.
Senior engineering and technical personnel who have the ability to engage in project planning, design, research and development, construction and management of civil engineering, and can engage in technical or management work in the design, research, construction, education, management, investment and development departments of housing construction, underground construction, tunnels, roads and bridges, mines, etc.
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Yes, the construction project is allowed to contract the project with the qualification of the head office, and Zhongbu Construction has the first-class qualification of construction engineering, which can undertake any construction project, join the partners of the branch, share the construction engineering qualification of the headquarters, and undertake all kinds of construction projects in compliance with laws and regulations.
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1. Can the qualification of the construction company be used by the branch?
According to Article 74 of the Civil Code, a company may establish a branch office. To establish a branch, it shall apply for registration with the company registration authority and obtain a business license. A branch office does not have legal personality, and its civil liability is borne by the company.
A branch does not have an independent legal personality, it is a branch of the head office, a representative of a company in a certain place, on behalf of the head office to conduct business there, and can engage in the same business scope as the company, but the civil liability arising in the course of business operation shall be borne by the company. The subject of qualification is a legal person, and if there is no legal person, it cannot apply for qualification. Therefore, the branch can only borrow the qualification of the head office, but this borrowing must be issued by the head office, otherwise it will constitute illegal affiliation, and both the head office and the branch will be punished.
Whether the qualifications of the parent company can be applied to the branch office. Specifically, it also depends on the regulations and requirements of the qualification promulgation department. If there are no special requirements, the branch can directly apply the qualifications of the parent company, because the branch is equivalent to a department of the parent company, and the contract signed by the parent company is borne by the parent company.
After the operation of the company in China, when the corresponding performance and business have increased, when a company can not meet the daily operation of the company, the corresponding branch can be established at this time. The head office can set up a legal person, while the branch office does not have legal personality, and can be the head of the head office legal person** such a branch. It should be accurately stated that the representative of the person can be the person in charge of the branch, the legal person is the enterprise itself, and the legal representative is a natural person.
A company can have a head office and a branch, and such a company has only one legal person and one legal representative. A company can also be divided into a parent company and a subsidiary, where there are more than two independent corporate legal persons and legal representatives, but the parent company has actual control over the subsidiary. The legal representative can be the person in charge of the branch.
A company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.
2. Equivalent to ** people, the behavior of the branch can represent the head office, but the behavior of the branch represents the branch itself. Although the branch also has a business license, although there is also a legal person, but the company does not have legal personality, only the head office has legal personality, and the branch is simply a branch.
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The construction qualification of the parent company shall not be used by the subsidiary. If bidding is made in the name of the head office, all relevant documents must be submitted in the name of the head office, and the personal qualifications of the project manager and other relevant management personnel must also be registered with the head office. This is why only large and small construction companies such as China State Construction, China Railway, and Provincial Construction have set up branches, while generally small and medium-sized construction companies only open branches.
The big position, what must be the process that the head office goes through is too rigid, anyway strong, the establishment of a subsidiary to declare another qualification, the cost of establishing a small subsidiary is too high, just to open a branch.
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A branch office cannot use the construction qualification of the head office, but the head office can authorize the branch office to use its qualification to participate in the bidding.
Article 14 of the Company Law states that a company may establish a branch office. To set up a branch, it shall apply to the company registration authority for registration and obtain a business license. A branch office does not have legal personality, and its civil liability is borne by the company.
A company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the Limb Mask Law.
Article 42 of the Regulations for the Implementation of the Tendering and Bidding Law stipulates that the use of qualifications and qualification certificates obtained by Shimin through transfer or lease shall be a bid in the name of another person as stipulated in Article 33 of the Tendering and Bidding Law.
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Hello! The branch cannot handle its own qualifications, it uses the qualifications of the head office. According to the latest policy, the garden qualification has been cancelled.
Housing construction is 10 million +, municipal 20 million +, and highway 90 million +. Anyway, it's about this price, please refer to it.
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What you said about opening a branch by yourself with the qualification of the head office should be the branch cooperation model.
At present, our qualification certificate will be upgraded later.
Grade II professional contracting of fire-fighting facilities engineering.
The general contracting of construction projects is level III.
Municipal public works construction general contracting level III.
The general contracting of electric power engineering construction is level III.
Grade III general contracting of mechanical and electrical engineering construction.
Grade III general contracting of petrochemical engineering construction.
Grade III professional contracting of urban and road lighting engineering.
Grade II professional contracting of building decoration and decoration engineering.
Waterproof, anti-corrosion and thermal insulation engineering professional contracting grade II.
Grade II professional contracting of electronic and intelligent engineering.
Grade III professional contracting of steel structure engineering.
Grade III professional contracting of foundation engineering.
Grade III professional contracting of building mechanical and electrical installation engineering.
Grade III professional contracting of environmental protection engineering.
Formwork scaffolding professional contracting is not graded.
There is no grade of construction labor qualifications.
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When participating in the bidding independently, the branch cannot use the qualification or performance certificate of the head office, and when the head office authorizes the branch to participate in the bidding, the branch can use the qualification of the head office. According to Article 42 of the Regulations for the Implementation of the Bidding Law, it is illegal to participate in the bidding in the name of another person, but in practice, when participating in procurement, the branch can participate in the project as the first person of the head office, so in this case, the branch can use the qualification of the head office.
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Summary. Hello! We'll be happy to answer for you.
Yes, because the branch is a branch of the head office, which is equivalent to a department of the head office, and can only use the qualifications of the head office. A branch office is different from a subsidiary, which is an independent adult and is not allowed to use the qualification of the head office under normal circumstances.
Hope mine is helpful to you.
Can a construction qualification branch be used?
Hello! We'll be happy to answer for you. Yes, because the branch is a branch of the head office, which is equivalent to a department of the head office, and can only use the qualifications of the head office.
A branch is different from a hood subsidiary, and the subsidiary is an independent adult, and under normal circumstances, it is not allowed to use the qualification of the head office. I hope my property rental guess is helpful to you. type source
The branch is an independent legal person, and the account is independent, so you can do it.
Can a branch company be an independent legal person and have an independent account, can I use the qualification of the head office?
Is the teacher there? Reply to the teacher.
Hello! OK. Because there are independent legal entities.
A branch office cannot use the construction qualification of the head office, but the head office can authorize the branch office to use its qualification to participate in the bidding. >>>More
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If the qualifications of wholly-owned subsidiaries are reorganized and separated, the projects undertaken by the transferred enterprises before the transfer shall be continued by the transferred qualifications.
Construction enterprise qualification.
There are many ways to query information, and you can see the following channels for details. >>>More