What is remote operation?

Operating in a different place, that is, the company's registered place is inconsistent with the actual business place.

Enterprises operate in different places, the actual business activities of enterprises are not in the place of registration, the management department of the place of registration can not actually exercise the management authority, and the management department of the place of actual business is not the administrative organ stipulated by its law, so there is a problem of inconvenient management at both ends. Therefore, Chinese laws and regulations prohibit enterprises from engaging in business activities in different places.

Therefore, if an enterprise engages in sustainable business activities in a fixed business place in a different place and fails to register its branches, there may be the following legal risks:

1. According to Article 73 of the Regulations on the Administration of Company Registration, the administrative department for industry and commerce may impose a fine of more than 1 000 yuan and less than 1 000 yuan upon finding out.

2. According to Item (2) of Article 63 of the Detailed Rules for the Implementation of the Regulations on the Administration of Registration of Enterprise as a Legal Person, administrative penalties can be given, such as warning, registration within a time limit, ordering to suspend business for rectification, withholding business license until the business license is revoked.

3. According to Article 22 of the Civil Procedure Law, if an enterprise is involved in litigation matters, the lawsuit filed against the enterprise as a legal person shall be under the jurisdiction of the court where the enterprise is domiciled, and the documents of the court will also be delivered to the address of the domicile. If the court documents are not received because of the change of business address of the enterprise, and the opportunity to defend in court is lost, the court may bear the risk of losing the case.

4. According to Article 88 of the General Principles of the Civil Law and Article 62 of the Contract Law, in the performance of the debt, if the place of performance is unclear, if the money is paid, it will be performed at the place where the recipient is located, and other targets will be performed at the place where the obligation is performed. The above location is the domicile of the company, that is, the registered place. If the place of registration is inconsistent with the place of business, it may lead to difficulties in debt performance.

Extended data

According to the Regulations on the Administration of Company Registration, an enterprise as a legal person registered in the administrative department for industry and commerce can only have one domicile. Where a company engages in business activities in a fixed place owned or leased or borrowed outside its domicile, it shall apply to the company registration authority where the place is located for branch registration and obtain a branch business license.

Those who set up business activities without approval shall be ordered to make corrections in accordance with the provisions of Article 32 of the Provisions of the State Administration for Industry and Commerce on Several Issues Concerning the Administration of Company Registration. If there is illegal income, a fine of less than 3 times the illegal income shall be imposed, but the maximum amount shall not exceed 30 thousand yuan; If there is no illegal income, a fine of 6,543,800 yuan will be imposed.

Baidu Encyclopedia: Regulations of the People's Republic of China on the Administration of Company Registration