Question 2: What does it mean to be affiliated? [Edit this paragraph] Enterprises and individuals (hereinafter referred to as related parties) are affiliated with qualified enterprises (hereinafter referred to as related parties) to undertake business. Related parties provide services in terms of qualification, technology and management, and related parties pay management fees to related enterprises. The essence of affiliated business behavior is contracting and leasing business behavior. If the related party operates in the name of the related party, the related party shall bear relevant legal responsibilities; The operating income and expenses of related parties are all included in the financial accounting of related parties; The distribution of interests between related parties and affiliated parties is based on the profits of related parties; The settlement between related parties is an internal contracting operation. "Affiliation", the so-called "enterprise affiliated operation", refers to the behavior of allowing construction enterprises to allow others to undertake projects in the name of their own enterprises within a certain period of time. An enterprise that allows others to use its own name is an affiliated enterprise, and an enterprise or natural person engaged in business activities in the name of an affiliated enterprise is a related person accordingly. The Supreme People's Court did not directly define this behavior as "affiliation" when he formulated the Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Construction Contract Disputes, but expressed it as "borrowing", that is, unqualified actual builders borrowed qualified construction enterprises to engage in construction, and "affiliation" and "borrowing" are actually the same concept. But in some industries [edit this paragraph], the law does not allow affiliation, such as construction. This behavior is likely to cause poor engineering quality, major safety hazards and serious losses. If there is a dispute, the affiliated enterprise becomes the defendant and the affiliated enterprise is at large. Therefore, it has been prohibited by some laws and regulations, normative documents and laws and regulations of the construction industry. The "subsidiary" of the construction industry has several characteristics. One is that the affiliated person does not have the main qualification to engage in construction activities, or although he has the qualification to engage in construction activities, he does not have the qualification level suitable for the requirements of construction projects. For example, a large number of contractors or enterprises have mastered certain social relations resources. They either have no construction qualification at all, or only have professional subcontracting qualification or labor subcontracting qualification, or only have low-level general contracting construction qualification, so they can't participate in the project bidding that only high-level qualified construction enterprises can be shortlisted. Secondly, the affiliated construction enterprises have qualification certificates suitable for construction projects, but they often lack the ability to undertake projects, or even if they have the construction ability, because of the black-box operation of a large number of project bidding, the probability of bidding and winning the bid is almost zero, so the construction enterprises need to "cooperate" with powerful and related affiliated enterprises. Third, the bid bond that affiliated enterprises need to pay in the bidding process, as well as the funds needed for the performance bond or bank performance guarantee that need to be paid after winning the bid, are all raised by affiliated enterprises and paid in the name of affiliated enterprises. Fourth, the affiliated person should pay a certain amount of "management fee" to the affiliated construction enterprise, and the affiliated enterprise should bear the wages of several managers stationed in the construction site. Once the affiliated construction enterprise reaches a so-called cooperation agreement with the affiliated person, the affiliated enterprise will conclude a general construction contract in its own name and go through the relevant procedures, but the affiliated enterprise basically does not manage the actual construction activities, or the so-called "management" only stays in the form, and often sends a few managers symbolically. The cooperation agreement signed by both parties must stipulate that the affiliated enterprise shall not bear the responsibility for the construction period, quality and safety of the project, and the affiliated person shall be responsible for its own profits and losses.
Question 3: What does it mean to be affiliated? Analysis of architectural hunting nets: For most people, subordination is a very strange term. I believe many people don't know what subordination is. Not to mention the meaning of membership. Of course, for construction enterprises or engineers, the word affiliated is familiar. The so-called link is to link your certificate to other units, but you don't have to go to work in their units, and they will also give you the corresponding link fee.
Now the real estate and construction industries are developing rapidly. In addition, the state spends tens of billions on the construction of some large-scale projects every year. If enterprises want to get a slice of the pie, they must constantly upgrade their qualifications and keep their qualifications, which requires more construction talents, thus making the construction industry in China an undercurrent. Therefore, when construction enterprises encounter qualification upgrading or qualification demotion, they will seek ways to link certificates, which is the origin of the so-called certificate linking.
The affiliation not only applies to the certificate affiliation, but also exists between enterprises. So what does it mean to belong to a company? That is, a construction company allows another construction company to undertake various projects in the name of its own company within a certain period of time, so why use other people's companies to undertake projects? That's because another company's qualification has not been required by the Ministry of Construction, and it needs to be affiliated with other companies to undertake it. The party that allows others to use their own business name will be called an affiliated enterprise, and the other party will be an associated person. This kind of subordinate relationship between enterprises requires the signing of contracts to stipulate the rights and obligations that both parties have and must abide by, which also fundamentally protects the legitimate rights of both parties.
Enterprises and individuals (hereinafter referred to as related parties), affiliated with qualified enterprises (hereinafter referred to as related parties), undertake business, related parties provide services in terms of qualification, technology and management, and affiliated enterprises pay management fees in the affiliated direction, which belongs to the affiliated behavior. The essence of affiliated business behavior is contracting and leasing business behavior. If the related party operates in the name of the related party, the related party shall bear relevant legal responsibilities; The operating income and expenses of related parties are all included in the financial accounting of related parties; The distribution of interests between related parties and affiliated parties is based on the profits of related parties; The settlement between related parties is an internal contracting operation.
Question 4: What does the certificate link mean? The attachment of the certificate means that it is only used for qualification upgrading or annual inspection, not for bidding and not participating in project management. Therefore, the affiliated agreement is necessary (although it is illegal, it cannot be said that it is a completely invalid contract). It should be clear that the scope of use of the certificate provided by Party B is limited to the qualification of Party A's company, the annual inspection and the inspection needs of the competent department. Party A shall not use Party B's certificate for other purposes; Otherwise, all responsibilities arising therefrom shall be borne by Party A. ..
Question 5: What do you mean by attaching a certificate? For example, if you are admitted to the first-class construction engineer and get the certificate and seal approved by the construction department, some companies will ask for your certificate and seal. Do you believe that the two sides signed an agreement to use your certificate to take over the project or improve the company's qualification, and do you charge fees from it? This is against the building law. If the other party takes a project with serious quality problems, you will accidentally find it.
Question 6: What is qualification attachment? Is to borrow the qualifications of the other company to participate in the bidding. After winning the bid, it will be based on the other company. After quite winning the bid, it will be contracted to you personally or your company for construction.
Question 7: What is the difference between the qualification of construction enterprises and joint ventures? Joint venture is a legal form of horizontal economic union between enterprises and between enterprises and institutions. Divided into legal person joint venture, partnership joint venture and contract joint venture.
Joint venture is a legal form of horizontal economic union between enterprises and between enterprises and institutions. General principles of civil law divided into legal person types
Joint ventures, partnerships and contracting enterprises. Articles 5 1, 52 and 53 of the General Principles of Civil Law stipulate these three forms of joint venture. Pay attention to the provisions of the law on the situation called joint venture, which is actually a loan and the provisions of the guarantee clause in the joint venture.
classify
1, entity joint venture, that is, legal person joint venture, that is, limited liability company. 2. A contractual joint venture shall operate independently according to the contract, and its rights and obligations shall be stipulated in the contract, and each party shall bear civil liabilities. 3. Partnership joint venture, in which both parties jointly operate, but do not meet the requirements of legal person, and bear joint and several liability, and both parties of the joint venture bear unlimited liability with all their property.
Legal person joint venture
Article 51 of the General Principles of the Civil Law stipulates: "Enterprises or enterprises and institutions form a new economic entity, independently bear civil liabilities, have legal personality, and obtain legal personality after being approved and registered by the competent authority." It has the following characteristics: business license
(1) The parties to the joint venture form a new economic entity by capital contribution or other forms. (2) The newly established economic entity must be an enterprise legal person, meet the conditions required by the legal person, and bear the responsibilities independently in the name of the new legal person, and the parties to the joint venture shall bear limited liabilities. Such an entity is not a merger of legal persons. (3) Although the new economic entity is an enterprise legal person, the parties to the joint venture that constitute the entity must conclude an agreement to stipulate the rights and obligations of each party as the articles of association of the new legal person. This kind of joint venture is the closest and most stable form of horizontal joint venture.
Associated partnership type
Article 52 of the General Principles of the Civil Law stipulates: "If there is a joint venture between enterprises or enterprises and institutions, and they do not have legal person status, the parties to the joint venture shall bear civil liability with their own or managed property according to the proportion of capital contribution or agreement. Those who bear joint and several liability in accordance with the law or agreement shall bear joint and several liability. " The most essential feature of this corporate partnership is that the partners bear unlimited joint liability. Specifically, it is characterized by the following: (1) All parties to the joint venture also contribute capital to jointly operate. This is the same as a joint venture. (2) A joint venture does not have the legal person qualification, which is the biggest difference with a legal person joint venture. This kind of joint venture is relatively simple to set up, but it also needs to be registered and operated within the business scope permitted by law. (3) Each party to a joint venture shall bear civil liability with its own or managed property, but it is different from a partnership. Partners are generally jointly and severally liable for the debts of the partnership, except as otherwise provided by law. However, the parties to a joint venture generally do not bear joint and several liability unless it is stipulated by law or agreed by agreement. (4) The parties to the joint venture shall have an agreement stipulating the amount of capital contribution, rights and obligations, profit distribution and other matters of the parties to the joint venture as the basis for handling disputes. This joint venture is a semi-close horizontal joint venture.
Contracted joint venture
The parties to a joint venture cooperate with each other and operate independently according to the contract. Article 53 of the General Principles of Civil Law stipulates: "If an enterprise or enterprise or institution operates independently according to the contract, its rights and obligations shall be stipulated in the contract, and each shall bear civil liabilities." Its characteristics are: (1) The parties to the joint venture do not contribute to each other and do not constitute an economic entity. (2) On the basis of the above characteristics, all parties involved in the joint venture are completely independent, and all parties involved in the joint venture are independent business units, and there is no unified business unit. (3) This loose joint venture sometimes has its own name, but it is not a legal person. (4) The economic ties between enterprises are general contracts, such as purchase and sale contracts and processing contracts. The affiliated enterprises mentioned in these accounting standards refer to enterprises that investors have great influence on, but are not subsidiaries or joint ventures of investors. A joint venture must have a relationship between investment and investment. The difference between affiliated enterprises, subsidiaries and joint ventures is that investors have different influences on the invested enterprises. Subsidiaries are related to control, joint ventures are related to control, and joint ventures are related to significant impact. When the investor can exert significant influence on the invested enterprise, the invested enterprise shall be regarded as a joint venture of the investor ... >>
Question 8: What is the difference between a builder's qualification and a project? First of all, understand the builder's two magic weapons:
Registration certificate: It represents your education and qualifications.
Practice seal: It represents your signature and credibility, and it is your lifeline.
Hanging qualification: only need the builder's certificate, and keep your own practicing seal. This is only for the needs of the qualification level, and the enterprise needs your "guest appearance" and "filling". The risk is relatively small, even if it is discovered, the most is the punishment of revoking the certificate (which is generally difficult to find)
Hang up project: I need your two magic weapons. At this time, even if someone promises not to use your seal-it must be a lie. The seal is in someone else's hand, which means you are in someone else's hand. Construction plan, quality documents and other related project management documents need to be signed by the construction party, and once they take your seal, they will be stamped. The problem is that you don't know this. Once the scheme is fabricated, the quality is unqualified, resulting in heavy losses and safety accidents. Then, the relevant departments must find a time to check and find the document. Oh, it turned out that this architect named XXX signed the seal. Well, on a sunny morning, while you were sleeping, the police came to your house and arrested you. You still don't know why. Finally, further investigation, second, it is still subordinate, and the circumstances of the crime are aggravated.
In short, unless you do the project yourself, don't hang up the project. The risk is extremely high, especially if you meet someone with no credibility, you will be ruined.
This is my popular explanation, but on the whole it is.
Question 9: Can the qualifications of builders be linked? Of course. Now many construction sites are affiliated with qualified construction enterprises. However, you will be charged the joining fee, generally calculated by percentage points, ranging from 1-5 points.
Question 10: What are the main problems of qualification?
In the popular sense, qualification affiliation means that the affiliated party allows others to undertake projects in the name of the unit by renting or lending qualification certificates, and collects management fees; Units, individuals or units with low qualification level without qualification certificate undertake projects in the name of units with qualification or high qualification level through various channels or ways, and at the same time pay a certain management fee for construction. From the legal point of view, it is a business activity that some natural persons and partnership organizations use the qualifications and qualifications of enterprise legal persons to avoid the restrictions of national laws and policies on individuals and teams other than enterprise legal persons in terms of taxation, loans and business scope. And use the qualifications and qualifications of affiliated enterprises as legal persons to obtain trading credit and economic benefits that are difficult for them to obtain.
The manifestations of qualification affiliation: First, the affiliated unit is a legal person and has its own qualifications, but it can't meet the requirements of the qualifications required for the construction project, so it associates with the construction enterprise with high qualification level, signs a construction contract with the employer in the name of the affiliated enterprise, and then directly organizes the construction. Second, the affiliated person is a natural person who does not have the qualification for construction projects, and is affiliated with a construction enterprise that meets the engineering requirements, and the construction enterprise signs a construction contract with the employer. There are two ways of this kind of affiliation: one is that the affiliated person has the qualification of construction engineer and is clearly defined as the person in charge of project construction in the construction contract; The other is that the affiliated person does not have the qualification of construction engineer, and the affiliated enterprise sends a nominal project leader, who does not appear at all during the construction process. This kind of qualification is more hidden, and people often don't know who the real project leader is after winning the bid.
According to relevant laws and regulations, units undertaking construction projects must hold qualification certificates obtained according to law and undertake projects within the business scope permitted by their qualification grades. As a result, there are many units, teams or individuals who do not have the construction qualification, and the affiliated units charge a certain management fee to the affiliated units to undertake the corresponding construction projects. It is illegal to contract construction projects by means of affiliation. The Construction Law of People's Republic of China (PRC) clearly stipulates that it is forbidden to undertake projects in the name of other construction enterprises in any form. Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses to undertake projects in their own names in any form. Article 33 of the Law on Tendering and Bidding stipulates that a bidder shall not bid at a price lower than the cost, nor shall he bid in the name of others or cheat in other ways to win the bid. From this point of view, the current universal qualification lending in the construction market is prohibited by the current law.