branch

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In the economy, a branch or branch is a legally and economically dependent permanent establishment that is geographically separate from the place of business of a company , has its own competencies and is assigned to a (main) branch .

General

Branches , branches , branches or branch offices are locally separate from the company headquarters, but legally and economically dependent asset components of a company. The branch office differs from branches and branches as pure sales outlets in that it is organizationally able to participate independently in business transactions without it being recognizable - in external relations to third parties - being dependent on the cooperation of its main branch. For this reason, it equips the head office with competencies for certain operational functions , in particular for its own procurement , production (" parallel production "), business assets ( business premises and operating and office equipment ) or sales . However, essential operational functions are organized centrally ( board of directors , personnel , organization , financing , accounting or advertising ).

The branch office differs from the main branch in that the branch does not have all of the branches of business in the main branch. The branch is the commercial operation of a company that is already established in another location and is concentrated on a specific location, excluding a second commercial domicile.

Since the branch is not an independent company, but functions as part of the overall company, the name of the branch is identical to the company of the head office. Additions ("Cologne branch") are possible. They represent the management of the branch independently to the outside; However, the creditor of claims and debtor of liabilities is always the legal entity of the head office. The headquarters is the local, legal and economic center of the entire company.

Legal issues

The branch is a legal term . The law does not speak - misleadingly - of the head office, but of the main branch as the place of business. Legal persons who are merchants can set up a branch. According to Section 13 (1) HGB , the establishment of a branch by a sole trader or a legal person at the court of the main branch, by a trading company at the court of the company's registered office, stating the location and domestic business address of the branch and any additions to the entry to register. If the main branch of a sole trader or a legal person or the registered office of a trading company is abroad, all registrations, filings and entries relating to a domestic branch must be made to the court in whose district the branch is located in accordance with Section 13d (1) HGB. There are also special regulations for branches of corporations domiciled abroad ( Section 13e HGB), branches of stock corporations domiciled abroad ( Section 13f HGB) and branches of limited liability companies domiciled abroad ( Section 13g HGB).

According to Section 80 (4 ) AktG , all business letters and order forms that are used by a German branch of a stock corporation domiciled abroad must include the register in which the branch is kept.

In banking , branches of foreign companies are given special treatment. If a company domiciled abroad has a branch in Germany that conducts banking business or provides financial services, the branch is considered a credit institution or financial services institution according to Section 53 (1) KWG and is therefore automatically subject to German banking supervision . With the branch, the KWG uses a legal term which in banking is intended to encompass both the branch, branch and branch.

Demarcation

The branch has fewer competencies than a branch but more than the branch. The branch of a stock corporation is a part of your company that is spatially separated from the branch at the company's headquarters (main branch), which permanently and independently conducts business and has the necessary organization in terms of material and personnel. International branch is a branch ( English branch ) is not differentiated between the two.

See also

Individual evidence

  1. W. Auerbach: The Actien nature , 1873, S. 117th
  2. ^ Wilhelm Karl Adalbert Rhenius: The branch according to German commercial law , 1875, p. 18.
  3. ^ Gabler Wirtschaftslexikon , Volume 3, Verlag Dr. Th. Gabler, 1984, Sp. 2012.
  4. Uwe Hüffer / Jens Koch: Aktiengesetz , 1993, § 45 appendix § 13 HGB marg. 4th