In the process of separation of construction company qualifications, what about the construction pro

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.

The separation of construction qualifications is also called qualification separation, that is, the separation of construction qualifications owned by the parent company. The separation of construction qualifications is a very troublesome matter, which will involve the division of companies and the division and division of construction qualifications.

Choosing the divestiture-of-qualification method means that the company holding the construction qualification establishes a subsidiary and then separates the qualifications. After the completion of the separation of construction qualifications, the subsidiary will change the company with the parent company, and after the completion of the change, the construction qualification will be divested, and the construction qualification that has been stripped is attached to the newly established subsidiary, and the branch does not have problems such as creditor's rights and debts, which is why many construction companies prefer to choose the separation of construction qualifications.

There are several steps to handle the stripping of construction qualifications:

1. Find qualifications that meet your needs.

In the modern era of developed Internet, you can find the qualifications that are being transferred in the market and meet your own needs through various methods such as the Internet and intermediaries! And to investigate whether the qualification expires, whether it is on time for annual inspection, etc., in case the qualification is transferred and found that it cannot be used!

2. Negotiate and negotiate to determine the qualification transfer method.

After familiarization, choose a qualified company that suits you for negotiation and negotiation, negotiate the qualification transfer method (stripping transfer), fees, payment methods, etc., and determine it in a legal form to protect the rights and interests of both parties. However, it is important to pay attention to the signing process and carefully check the terms and conditions.

3. The transferor divests the qualification.

The qualified enterprise (parent company) establishes a wholly-owned subsidiary in the required region in the form of wholly-owned ownership, and then follows the relevant document process to talk about the qualification stripping of the past!

4. Industrial and commercial change of subsidiaries.

The matter that must be handled in this step is the change of legal person, which should be applied to the original licensing authority. Only by changing the legal person of the company is the real transfer of construction qualifications in the legal sense. Of course, the name of the company can also be changed according to the needs of the buyer.

At the same time as the change of legal person, the tax change must also pay relevant taxes and fees, which is something that must be involved in the process of qualification transfer, such as enterprise income tax, individual income tax, stamp duty, etc.

5. Transfer of qualifications.

Go to the construction department to change the qualification, which is still a change of legal person.

In practice, it is common for subsidiaries to use the qualifications of the parent company. However, it is necessary to obtain the authorization of the parent company to engage in the corresponding work within the scope of authorization.

At the legal level, a subsidiary cannot just use the qualifications of the parent company. Subsidiaries may not use the qualifications of the head office.

According to the provisions of China's company law, a subsidiary is a legal person organization with independent property and management rights, so the subsidiary cannot use the qualification of the head office.

Subsidiaries cannot use the qualifications of the parent company. Qualifications belong to the scope of administrative licensing, and they are inseparable from a specific personal nature. The subsidiary and the parent company are independent legal entities. The subsidiary shall obtain its own qualifications in accordance with the law.

Subsidiary application qualification issues:

The branch of the construction company is part of the parent company, and he does not have an independent legal person, so he does not have independent qualifications, which is equivalent to the implementation of work on behalf of the head office under the entrustment of the head office, so it is possible to use the same qualification, and the ultimate legal responsibility of the branch is borne by the head office, so it cannot apply for qualifications.

The head office may authorize the branch office to provide construction services to the contractor on behalf of the head office to fulfill various provisions in the professional subcontract signed with the general contractor. Generally, qualified large companies are a minority after all, but the projects are generally all over the country, and the routines in many places are different.

A small company with a project in hand has no qualifications, so there is a term for affiliation. The state clearly does not allow affiliation, so generally small companies are affiliated with large companies, and they can use their own people in terms of labor dispatch (construction workers), but in the construction management personnel, there must be people from large companies (the social security bureau will check whether the qualification belongs to the company and the construction management personnel social security delivery unit is consistent).

Subsidiaries are independent legal persons, and even if there is capital injection from the head office, they are still legally independent and equal. If the subsidiary uses the qualification of the head office, then in the strict sense, it is affiliated with the qualification or illegally subcontracted.

Because the subsidiary is an independent legal person, he can bear its own legal responsibility, therefore, if the construction scale exceeds a certain scale, the subsidiary can apply for qualification to carry out the construction of the construction project after the parent company wins the bid, so as to avoid the adverse consequences of illegal subcontracting.

You can use the qualifications of the parent company, and for the subsidiary, it can be shared, such as the eight members, production licenses, etc.

A subsidiary is legally an independent company and cannot use the parent company's funds.

However, you can set up a branch office (not a "subsidiary"), which can share the qualifications and security of the head office (note that it is called the "head office", not the "parent company").

No, neither subsidiaries nor branches can bid using the parent company's qualifications. In addition, subsidiaries of the same company cannot participate in the same project.

According to the current laws and regulations, there are no specific laws and regulations for the subsidiary's ** project, and the parent company cannot bid. Article 34 of the Regulations for the Implementation of Bidding and Bidding only limits the following circumstances: Legal persons, other organizations or individuals who have an interest in the tenderer and may affect the fairness of the bidding shall not participate in the bidding.

If the person in charge of the unit is the same person or there is a holding or management relationship between different units, it shall not participate in the bidding of the same bidding section or the bidding of the same bidding project that has not been divided into bidding sections. In case of violation of the provisions of the preceding two paragraphs, the relevant bids shall be invalid.

Legal analysis: A subsidiary cannot use the qualifications of a large parent company. The subsidiary has the status of a legal person and independently bears civil liability in accordance with the law.

Legal basis: Article 14 of the Company Law of the People's Republic of China The company may set up a branch office. To establish a company, it is necessary to 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 company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.

After setting up a subsidiary, can I use the qualifications of the parent company?

According to the provisions of the Company Law of China, a company can set up a branch. 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 main body of qualification is a legal person, such as a good year without a legal person is not Cong Tong can handle the 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 the head office and the branch company 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.

Summary. Hello, subsidiaries cannot use the qualifications of the parent company. Although the parent company and the subsidiary have a de facto control relationship, both parties have legal personality in law and independently bear civil liability in accordance with the law.

The parent company and the subsidiary are separate legal personalities, and the qualifications of the parent company do not apply to the subsidiary.

After setting up a subsidiary, can I use the qualifications of the parent company?

You're stupid that a subsidiary can't use the parent company's qualifications. Although the parent company and the subsidiary's defense and division have a de facto control relationship, both parties have the legal personality of carrying Lu legal person and independently bear civil liability in accordance with the law. The parent company and the subsidiary are separate legal personalities, and the qualifications of the parent company do not apply to the subsidiary.

Is there any way for a subsidiary to use the parent company's qualifications?

No, this can't be passed in the review process.

After setting up a subsidiary, can I use the qualifications of the parent company?

Hello, no, although the parent company and the subsidiary are in fact a controlling relationship, but in law there are indeed two independent civil subjects, can not borrow one party's qualifications or performance certificate for bidding, even if the bidding, it can not be recognized. The parent company can entrust a person from the subsidiary to carry out the bidding operation, but Wu Qiaoyin must be the parent company in name, and all matters such as signing contracts can be eliminated in the name of the parent company.