Job Recruitment Website - Property management - Is it legal to call a qualified property company?
Is it legal to call a qualified property company?
1. Is it legal to call a qualified property management company?
The law doesn't allow it. According to Article 13 of China's Measures for the Administration of Qualification of Property Management Enterprises, "No unit or individual may forge, alter, lease, lend or transfer the qualification certificate." This prohibition does not allow individuals to link or borrow the qualifications of property companies.
In real life, there are many examples of affiliated qualified companies in the name of individuals, but both parties bear huge legal risks and are prone to disputes.
Second, whether the contract signed by the affiliated company is valid.
The effect of "related" behavior between related persons and affiliated enterprises. When trying disputes involving related relationships, local courts generally think that the cooperation agreement, subcontracting agreement or internal contracting agreement signed between related parties and related enterprises is invalid.
Three. Relevant laws
The "Building Law" has made a prohibition on the affiliated behavior.
The "Building Law" explicitly prohibits the affiliated behavior. Article 26 of the law clearly stipulates that "construction enterprises are prohibited from exceeding the business scope permitted by their qualification grades or contracting 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 in any form to undertake projects in the name of the enterprise. "
The above is about whether it is legal to invite a qualified property company. In the process of providing property services, it is necessary to provide property services according to the actual situation.
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