Is the name of the branch the same as that of the head office?
According to the relevant laws and regulations of our country, the name of the branch is inconsistent with that of the head office. The name of a branch shall be preceded by the word "branch" or the word "company" before the name of the head office.
Provisions on the administration of enterprise name registration
Article 14 Where an enterprise establishes a branch, the enterprise name of the enterprise and its branch shall meet the following requirements:
(a) the use of "total word" in the enterprise name must have more than three branches;
(2) For a branch that cannot bear civil liability independently, the name of its enterprise shall be preceded by the words "branch", "branch" and "branch", and the name or place name of the branch's industry and local administrative division shall be indicated, but if its industry is consistent with its subordinate enterprises, it may be omitted;
(3) A branch that can independently bear civil liability shall use an independent enterprise name, and may use a font size in the enterprise names of its subordinate enterprises;
(4) Where a branch that can independently bear civil liability establishes other branches, the established branch shall not use the name of the head office in its enterprise name.
Legal determination of branch debts.
Branches are the tools and means for the head office to make profits, and the head office should also bear corresponding responsibilities while making profits. If the head office gains benefits but does not pay the corresponding costs, it will inevitably lead to the loss of the infringed subject can not be compensated. This behavior of the head office will make the branch be rejected by other subjects for a long time, and ultimately endanger the development of the head office itself.
In entity, it should be judged that the head office and the branch office are "* * * the same repayment responsibility". First, considering the possible consequences of directly judging that the head office should bear the liquidation responsibility independently, it should be clear that the branch office should also bear the liquidation responsibility. Secondly, according to the provisions of Article 48 of the Civil Procedure Law and Article 52 of the Interpretation of the Civil Procedure Law, this branch can be listed as a party to civil litigation activities. As the main body of contract and civil litigation, branch companies participate in corresponding civil activities, and there is no reason to judge that "the branch company of the other party to the contract is not liable, and the head office of the indirect party outside the contract is independently liable for repayment". Third, although the Civil Procedure Law stipulates that a branch company can be listed as a party in civil litigation activities, it may be allowed to participate in the litigation because it is convenient to investigate the facts of the case. Litigation qualification is not equal to civil liability qualification. In addition, Article 14 of the Company Law stipulates that "a branch company does not have the legal person status, and its civil liability shall be borne by the company", so there is no reason to decide that the branch company shall bear the debt repayment liability independently.
Procedurally, the head office should bear the "supplementary repayment responsibility" for the debts of its branches. When executing the effective judgment that the head office and the branch company are jointly and severally liable for repayment, the property occupied by the branch company shall be executed first; When the property owned by the branch company is insufficient to pay off the debts, the property of the head office and other branches under the head office should be reconsidered.
The above knowledge is my answer to relevant legal questions. According to the relevant laws and regulations of our country, the name of the branch is inconsistent with that of the head office. The name of a branch shall be preceded by the word "branch" or the word "company" before the name of the head office.