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Does the branch name have to include the branch company?
The establishment and operation of a company is not a simple matter. Our country's regulations on company-related matters are reflected in the "Company Law of the People's Republic of China", and the provisions stipulating the requirements for company name registration are in In the "Enterprise Name Registration Management Regulations", the following details the requirements for branch registration names.
What are the requirements for the registered name of a branch? First, clarify the meaning of a branch here. A branch refers to a branch established by the company. It does not have legal personality and is directly under the jurisdiction of the company. Its jurisdiction is all It does not have its own personnel, business and funds, so it does not have its own articles of association and property. Civil liabilities arising from disputes also belong to the company. Many people tend to confuse branches and subsidiaries. The biggest difference is that subsidiaries have legal personality and can bear legal responsibilities independently. In addition, from the perspective of corporate affairs, subsidiaries are subject to more indirect jurisdiction than direct control.
(1) A branch does not have legal personality and cannot bear civil liability independently. Its name should be the name of the enterprise to which it is affiliated, followed by "branch", "branch factory", "branch", etc. words, and indicate the branch's industry and the name of the administrative division or place where it is located, but its industry is consistent with the enterprise to which it belongs.
(2) If the word "headquarters" is used in the name of the enterprise, it must have three or more branches.
Legal basis: Article 14 of the "Regulations on the Registration and Management of Enterprise Names" stipulates the naming requirements for company branches, which are divided into two situations. One is a branch that can independently bear civil liability. , that is, a subsidiary, a branch that cannot bear civil liability independently, that is, a branch. At this time, the civil liability of the branch is actually borne by the head office. The name of the branch should include the company name of the subordinate company, and indicate the location of the branch and the industry to which the branch belongs. The name should end with the suffix "branch", "branch", etc. For example, a company called Science and Technology Innovation wants to set up a branch in Shanghai. The branch is engaged in the same industry as the company it belongs to, and the name of the branch is Science and Technology Innovation Shanghai Branch. The name of the subsidiary should be an independent enterprise name, or part of the name of the affiliated enterprise. If the subsidiary establishes a branch, the branch cannot use the company name of the affiliated enterprise. Another thing to note is that not all companies that have established branches can be called a head office. This is also Article 14 of the "Regulations on the Registration and Management of Enterprise Names", which stipulates that an enterprise must have three or more branches. You can use the "total" sub in the name. Let's talk about the procedures for establishing a branch. Article 48 of the "Regulations of the People's Republic of China on Company Registration and Management" stipulates that the decision to establish a branch needs to be registered with the local company registration authority within one month from the decision. , branch registration includes the name, person in charge, business scope and business location, etc. Therefore, it is necessary to prepare in advance a registration application for the establishment of a branch signed by the company's legal person and other documents. Of course, the naming of the company name must also follow certain general regulations. When the branch name is submitted for review, the staff will follow the general regulations for review. Our country's laws stipulate what content a company name cannot contain, what content it should contain, and other regulations. Let's first talk about what content it cannot contain. A company name cannot contain names that harm the interests of the country and society, the names of foreign countries or regions, the names of political parties and social groups, or the names of foreign countries. Text, Arabic numerals, and Chinese Pinyin letters may easily cause public misunderstanding. The name should contain the content required by legal and administrative regulations. For example, the name of a branch should contain the industry, location and branch suffix. Also, the company name cannot be the same as the name of an existing company. These are all things that need to be paid attention to when naming the company.
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