Can the branch be authorized to seal the bidding with the qualification of the head office?

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 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. Legal basis: Article 14 of the Company Law of the People's Republic of China provides that a company may establish 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 company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.

Bidding with the qualification of the head office cannot authorize the branch to be sealed.

As a branch of the head office, the branch does not have independent legal personality and cannot independently bear debts, so it is generally unqualified; However, if the head office has the corresponding qualifications, it can authorize the branch to participate. However, the branch cannot be authorized to participate in the bidding; Second, in the process of implementation, there can be no branch seal sanction.

No, because the qualification is the head office, the contract chapter can not reflect the word branch, but there is a little head office chapter will not be one, generally there is a word such as 16 or xx on the chapter, it represents the 16th branch or xx branch, but such a contract is recognized.

Legal Analysis: First of all, under normal circumstances, bidding in the name of the Division is invalid. Because you do not have the status of a legal person, you cannot bear legal responsibility.

Generally speaking, the branch office bids in the name of the head office, and the head office authorizes the branch to have the right to sign the contract. After winning the bid, negotiate with Party A to sign a contract with the branch. In addition, a branch office can use the qualification of the head office, but it needs to be authorized by the head office.

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

The head office can authorize the branch to participate in the bidding, and generally speaking, bidding in the name of the branch is invalid. Because you do not have the status of a legal person, you cannot bear legal responsibility. The branch company bids in the name of the head office, and the head office authorizes the branch to have the right to sign the contract.

After winning the bid, negotiate with Party A to sign a contract with the branch. After obtaining the authorization of the Nozen head office, the branch can use the qualification of the head office.

Legal analysis: The branch can participate in the bidding and can use the qualifications of the head office. This is because a branch office is not an independent legal entity, but an integral part of the head office. Yes, you can.

Legal basis: Article 10 of the Company Law of the People's Republic of China A company may establish 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.

The company may set up a subsidiary, which has the status of a legal person and independently bears the liability for civil hardship in accordance with the law.

The branch company participates in the bidding with the qualification of the head office, how to stamp.

Hello! Bidding with the qualification of the head office is not a mold cover that cannot be authorized to be stamped by the branch. As a branch of the head office, the branch does not have independent legal personality, nor can it independently bear debts, so it is generally unqualified; However, if the general manager has the corresponding qualifications, the branch can be authorized to participate.

However, the branch cannot be authorized to participate in the bidding; Second, in the implementation process, there can be no branch seal. I wish you a happy life and all the best!

OK. According to the relevant provisions of the Company Law, the business operated by a branch company is only a part of the business operated by the head office, and the general judgment of the business operated by the head office must of course include the part of the business operated by the branch. The head office uses the qualifications of the branch to bid, and Xiang is suspected of meeting the conditions that the first businessman should have to participate in the first procurement activities stipulated in the "Procurement Law".

In other words, the head office can use the qualifications of the branch to bid.

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The CGCC can use the qualification of a branch in the bidding. The branch does not have the qualification of a legal person, the subject of qualification is a legal person, and the branch can only borrow the qualification of the head office, and the borrowing must be issued by the head office. First, when the branch independently participates in the bidding, it is an independent civil liability subject that is different from the head office.

In this case, the use of the head office's qualifications or performance bidding is a typical "bidding using the qualification or qualification certificate obtained through transfer or lease". The relevant regulations for the implementation of the Tendering and Bidding Law clearly define this kind of behavior as bidding in the name of others as stipulated in the Tendering and Bidding Law. The act of bidding in the name of another person is expressly prohibited, and the legal consequences of bidding in the name of another person are clearly stipulated:

If the winning bid is invalid and causes losses to the tenderer, it shall be liable for compensation in accordance with the law; where a crime is constituted, criminal responsibility is pursued in accordance with law. Second, the bidding documents stipulate that the qualification or performance of the bidder is based on the mandatory provisions of laws and regulations or the specific characteristics and actual needs of the project, and the qualification conditions or evaluation factors proposed to complete the project task with quality and quantity are examined whether the bidder has the ability to perform the contract. If the branch is allowed to borrow the qualifications or performance of the head office, and the head office does not perform the contract, or the branch office does the project, it will bring serious hidden dangers to the quality of the procurement project.

Can the CGCCA use the branch qualification in the bidding?

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The CGCC can use the qualification of a branch in the bidding. The branch does not have the qualification of a legal person, the subject of qualification is a legal person, and the branch can only borrow the qualification of the head office, and the borrowing must be issued by the head office. First, when the branch independently participates in the bidding, it is an independent civil liability subject that is different from the head office.

In this case, the use of the head office's qualifications or performance bidding is a typical "bidding using the qualification or qualification certificate obtained through transfer or lease". The relevant regulations for the implementation of the Tendering and Bidding Law clearly define this kind of behavior as bidding in the name of others as stipulated in the Bidding and Bidding Law. Bidding in the name of another person expressly prohibits the act of prudent demolition, and clearly stipulates the legal consequences of bidding in the name of others:

If the winning bid is invalid and causes losses to the tenderer, it shall be liable for compensation in accordance with the law; where a crime is constituted, criminal responsibility is pursued in accordance with law. Second, the bidding documents stipulate that the qualification or performance of the bidder is based on the mandatory provisions of laws and regulations or the specific characteristics and actual needs of the project, and the qualification conditions or evaluation factors proposed to complete the project task with quality and quantity are examined whether the bidder has the ability to perform the contract. If the branch is allowed to borrow the qualifications or performance of the head office, and the head office does not perform the contract, or the branch office does the project, it will bring serious hidden dangers to the quality of the procurement project.

Legal basis: Article 14 of the Company Law A company may establish a branch. To set up a branch office, 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. The company can set up a subsidiary of Brother Lu Nai, and the subsidiary has the status of a legal person and independently bears civil liability in accordance with the law.