Information on the establishment of a branch, as in the case of a separate representative office, must be transferred to the FIU and the FSS.
A branch of an organization must have a manager - he holds his position on the basis of a power of attorney issued by the head office, as well as upon the issuance of a relevant decision by the director general. Other governing bodies of the firm may also be empowered to appoint a branch manager.
The main difference between a separate subdivision and a branch is that information about the structure of the first type should not be included in the constituent documents of the company and the Unified State Register of Legal Entities. In general, the establishment of a separate subdivision is a simpler procedure than the creation of a branch. Above, we examined what this is - the need to make a decision on the formation of a branch at a meeting of founders, transfer copies of the charter or corresponding sources to the Federal Tax Service, as well as the appointment of the head of the relevant structure.
At the same time, both local institutions under consideration have a lot in common. Thus, neither one nor the other is a legal entity independent of the head office. The property they use belongs to the main organization. Separate subdivisions of firms and branches are established, as a rule, for the same purposes - expanding brand representation, solving local problems related to business development.
Having determined what is the difference between a separate subdivision and a branch, let us fix the conclusions in the table.
|What do they have in common?|
|Are legally dependent on the head office structures, created in order to solve approximately the same problems|
|Information about Openings of both types of structures are transferred to the Federal Tax Service (in the case of a separate subdivision - only in the form of a notification), the FIU and the Social Insurance Fund|
|What is the difference between them?|
|Information on the creation of a separate division is not reflected in the constituent documents of the company||Information on the creation of a branch is reflected in the constituent documents of the company|
|May be created without approval at the meeting of founders||Created subject to approval by the meeting of founders|
|Does not require the appointment of a leader||Requires the appointment of a leader|