Company registered residence is the address of a company's main office.The residence is one of the matters registered by the company,and it is also one of the necessary clauses of the articles of Association.The editor of Xiaoma legal here to give you a brief description of the meaning of the company's residenc.The significance of establishing the domicile of the company is mainly:
1.Company residence is the basis of litigation jurisdiction
Determining the jurisdiction of a case is the first step in settling a civil dispute,"Civil Procedure Law" is clearly defined,the civil action filed by a legal person or other organization shall be governed by the people's court where the defendant is located.At the same time, it is stipulated that civil disputes arising from negotiable instrument disputes, contract disputes or tort disputes may be governed by the people's Court of the defendant's locality.Therefore, it is of great significance to resolve litigation disputes, protect the legitimate rights and interests of litigants and maintain social and economic order.
2.The company's residence is the place where the legal instrument receives
"Civil Procedure Law" is defined,the litigation documents should be handed over to the addressee directly,if there is any problem in serving the litigation document directly, the other people's court may entrust other people's court to serve it by mail or by mail.If the respondent refuses to accept the litigation document,it may be placed on hold.Whether it is direct delivery, commissioned by the delivery, mail service, indwelling delivery, then for a company, with their residence for the litigation documents received premises.Therefore, the establishment of the domicile of the company, the court can promptly and quickly serve all kinds of litigation documents, for other parties or companies to protect their legitimate rights and interests to provide certain protection.
3.The domicile of a company can determine the registration, taxation and other administrative organs
According to the regulations of the company registration administration on the registration jurisdiction,the company shall be approved and registered by the municipal and county administrations for industry and commerce, except for those companies that are legally required to be registered by the administration of industry and commerce or the municipality directly under the central government for industry and commerce.So the domicile of the company is determined,it will be able to determine the company's registration authority.When paying tax declaration,the company should also declare and pay to the tax authorities of the domicile of the company.
4.The residence of the company can determine the place of acceptance and the place of performance of the creditor's rights and debts
There are provisions in the "Contract Law" and "General Principles of Civil Law" of China,in the case of debt which is not clear at the point of fulfillment, the party paying the money performs in the place where the money is received, and there is other subject in the place where we perform duties.And the place of residence mentioned here is the domicile for the company.
5.In the foreign-related civil legal relationship, the domicile of the company is one of the bases to confirm the applicable law
In addition to the above 4 points, in the case of foreign-related civil litigation, when the principle of human law applies to the domestic law of the party, the law of the country should be determined in accordance with the domicile of the company.