What is the parent legal person, and what is the legal person

The superior legal person refers to the branch and the branch of the foreign company that does not bear the legal person liability, and the company bears the civil liability

Company Law of the People's Republic of China

Article 14 The company may set up a branch.

To establish a branch, 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.

Article 195 A branch established by a foreign company within the territory of China shall not have the status of a Chinese legal person. Foreign companies bear civil liability for their branches to conduct business activities in China.

The parent legal person is not a standard name, but actually refers to a company with legal personality, which has established an unincorporated branch, and the company is a superior legal person relative to its branch.

It should be emphasized that if the subordinate unit of a company has the status of a legal person, then both are legal persons, and in practice, the subordinate unit should obey the superior unit, but generally cannot be called a superior legal person or a subordinate legal person, because the legal status of the two is equal, generally speaking, the two are typical relationships between the parent company and the subsidiary.

The legal basis is the regulations on the management of extrabudgetary funds and the policy regulations on the separation of revenue and expenditure.

Legal analysis: A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys the rights of civil rights and bears civil obligations in accordance with the law. A legal person's capacity for civil rights and civil conduct arises when the legal person is established and is extinguished when the legal person is terminated.

A legal person shall meet the following conditions:

1) Established in accordance with law;

2) Have the necessary assets or funds;

3) Have their own name, organizational structure and place;

4) Be able to bear civil liability independently.

Legal basis: Civil Code of the People's Republic of China

Article 57: Legal persons are organizations that have the capacity for civil rights and civil conduct, and independently enjoy civil rights and bear civil obligations in accordance with law.

Article 58: Legal persons shall be established in accordance with law. Legal persons shall have their own name, organizational structure, domicile, property, or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of laws and administrative regulations.

Where laws or administrative regulations provide that the establishment of a legal person must be approved by the relevant organs, follow those provisions.

Legal Rolling Source Analysis: There is no first-level legal person in China's law to talk about the preparation of the cherry blossom position or the second-level legal person unit, but it is only a question of whether there is an independent legal personality. Therefore, there is no question of whether the legal entity has a higher level of legal person.

Legal basis: Article 57 of the Civil Code of the People's Republic of China A legal person is an organization that has the capacity for civil rights and civil conduct, and includes organizations that independently enjoy civil rights and bear civil obligations in accordance with law.

Legal Analysis: The superior legal person refers to the branch and the branch of the foreign company that do not bear the legal person liability, and the company bears the civil liability.

Legal basis: Article 14 of the Company Law of the People's Republic of China A company may set up a branch.

To set up a branch, it is necessary to apply for registration with the company registration authority and obtain a business license from Xianmeng.

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 qualification of a legal defender and independently bears civil liability in accordance with the law. Potatoes.

The name of a legal entity refers to the sign of the specificity of a legal entity.

Each legal person has its own name in order to participate in civil activities and exercise and protect its legitimate rights and interests. One of the contents of the personal rights of legal persons. Only when a legal person engages in legal activities under the name of its own wheel ruler can it obtain civil rights and establish civil obligations for itself.

The name of the legal entity should indicate the object and affiliation of the activity so that it is easy to identify.

The unit applying for the registration of enterprise legal person shall meet the following conditions:

1. Name, organizational structure and articles of association;

2. Fixed business premises and necessary facilities;

3. The amount of funds and employees that comply with national regulations and adapt to the scale of production, operation and service;

4. Be able to bear civil liability independently;

5. Comply with the business scope stipulated by national laws, regulations and policies.

Article 2 of the Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons The following enterprises that meet the requirements of legal persons shall go through the registration of enterprise legal persons in accordance with the provisions of these Regulations:

1) Enterprises owned by the whole people;

2) Enterprises owned by the collection of wax cover bodies;

3) Joint ventures;

4) Sino-foreign joint ventures, Sino-foreign cooperative joint ventures and foreign-funded enterprises established within the territory of the People's Republic of China;

5) private enterprises;

6) Other enterprises that need to be registered as enterprise legal persons in accordance with the law.

Article 5 A national company or a company engaged in import and export business approved by the State Administration for Market Regulation shall be approved and registered by the State Administration for Market Regulation. Sino-foreign joint ventures, Sino-foreign cooperative joint ventures, and foreign-funded enterprises shall be approved and registered by the State Administration for Market Regulation or the local market supervision and administration department authorized by the State Administration for Market Regulation.

The subsidiaries (branches) of national companies, enterprises established with the approval of the people** of provinces, autonomous regions and municipalities directly under the Central Government, and companies engaged in import and export business, shall be approved and registered by the market supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government.

Other enterprises shall be approved and registered by the market supervision and administration department of the city or county (district) where they are located.