Can the parent company bid with the performance of a wholly owned subsidiary?

If it's a subsidiary, it's not possible, but if it's a branch, it's okay.

According to the relevant provisions of the Contract Law, there is a strict distinction between a branch and a subsidiary, that is, the branch does not have the status of a legal person, and its civil liability is borne by the company; The subsidiary has the status of a legal person and independently bears civil liability in accordance with the law. Therefore, the subsidiary needs to apply for a new business license, and cannot use the parent company's business license, otherwise it will not be a subsidiary, but equivalent to a branch. Related Links:

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 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. If the subsidiary is not a legal person, it can apply for a business license of the subsidiary with the license of the parent prosecutor as proof of the business scope. In general, it cannot be used directly.

Summary. In general, the performance of a wholly-owned subsidiary can be counted as the performance of the parent company. A wholly owned subsidiary is a subsidiary controlled by the parent company through a 100% stake in the shares, and therefore the parent company has absolute control over it.

As a subsidiary of the parent company, the profits of a wholly-owned subsidiary are owned by the parent company, so they can be included in the performance of the parent company. However, it should be noted that if the performance of a wholly-owned subsidiary is poor or loss-making, it will also have a negative impact on the performance of the parent company. In addition, if the parent company has multiple subsidiaries at the same time, it is necessary to analyze and comprehensively consider the performance of each subsidiary in order to more accurately assess the performance of the parent company as a whole.

In general, the performance of a wholly-owned subsidiary can be counted as the performance of the parent company. A wholly owned subsidiary is a subsidiary controlled by the parent company through a 100% stake in the shares, and therefore the parent company has absolute control over it. As a subsidiary of the parent company, the profits of a wholly-owned subsidiary are attributed to the parent company, so the letter can be counted in the performance of the parent company.

However, it should be noted that if the performance of the wholly-owned subsidiary is poor or loss-making, it will also have a bad impact on the performance of the parent company. In addition, if the parent company has multiple subsidiaries at the same time, it is necessary to analyze and comprehensively consider the performance of each subsidiary in order to more accurately assess the performance of the parent company as a whole.

The performance of the branch can be regarded as the parent company.

The performance of the branch is usually not directly included in the performance of the parent company, because the branch is a legal entity of duli, and its performance does not fall within the scope of the parent company's financial reporting. The parent company can support the development of the branch by providing capital, technology, management and other resources to the branch, and the branch can also report to the parent company on its operation and profits. However, in the financial report of the parent company, the performance of the branch is usually regarded as investment income or other non-core income, rather than the income of the core business.

It should be noted that if the business plan of the parent company focuses on expanding the business of the branch, the performance of the branch may have a greater impact on the financial status of the parent company. In such cases, the parent company may need to evaluate the branch's performance contribution in detail and consider whether it needs to adjust its business strategy to achieve better performance.

No, even if it is a wholly-owned subsidiary, it cannot participate in the bidding based on the qualifications and performance of the parent company.

After the parent company injects the registered capital into the subsidiary, it becomes a shareholder of the subsidiary. According to the relevant provisions of the Company Law, the parent company and the subsidiary are two independent legal entities, which have independent property between them, and each enjoys civil rights and bears civil obligations.

Generally speaking, qualifications and performance are related to the bidder's asset scale, production equipment and personnel, and the parent company and subsidiary are different in terms of asset scale, production equipment and personnel, so the qualifications and performance of the two are also different. The qualifications and performance of the parent company cannot be transferred, and it has no right to authorize the subsidiary to use its qualifications and performance to participate in the bidding. Therefore, even a wholly-owned subsidiary cannot participate in the bidding with the qualifications and performance of the parent company.

In addition, the bidder will write the qualifications and performance of the parent company into its bidding documents, in addition to not being accepted by the bid evaluation committee, it may also be suspected of providing false materials, borrowing qualifications, performance resulting in invalid bidding, and even subject to administrative penalties, if it constitutes a crime, it will also be investigated for criminal responsibility.

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.