Regulations On The Registration Of Enterprise Names

Promulgated by the State Administration for Industry and Commerce: 910901

[classification number] 2326019103

[title] regulations on the registration of enterprise names

[timeliness] effective

[promulgation unit] State Administration for Industry and Commerce

[promulgation date] 910722

[implementation date] 910901

[expiration date]

[content classification] enterprise management

[symbol] seventh order of the State Administration for Industry and Commerce

Article 1 These Provisions are formulated in order to strengthen the management of enterprise names, protect the legitimate rights and interests of enterprises, and maintain social and economic order.

The second provision applies to enterprises with legal person conditions in China and other enterprises that need to register in accordance with the law.

The third enterprise name shall be approved by the registration authority of the enterprise name when the enterprise applies for registration.

The name of an enterprise can be used only after it has been approved and registered, and it shall enjoy exclusive rights within the prescribed scope.

The fourth registration authority of the enterprise name (hereinafter referred to as the registration authority) is the State Administration for Industry and Commerce and the local administration for Industry and commerce at all levels.

The registration authority shall approve or dismiss the application for the enterprise name registration, supervise and manage the use of the name of the enterprise, and protect the exclusive right of the enterprise name.

In accordance with the regulations on the administration of registration of enterprise legal persons in People's Republic of China, the registration authority carries out hierarchical registration and management of enterprise names.

The name of foreign invested enterprises shall be approved by the State Administration for Industry and commerce.

The fifth registration authority shall have the right to rectify the unsuitable name of the enterprise that has been registered, and the competent authority at the higher level shall have the right to rectify the unsuitable enterprise name registered by the lower level registration authority.

For any unregistered enterprise name that has been registered, any unit or individual may require the registration authority to rectify it.

The sixth enterprise shall only use one name, and shall not be the same or similar to the registered enterprise of the same industry within the jurisdiction of the registration authority.

Where there are special needs, the enterprise can use a subordinate name within the prescribed scope after approval by the competent registration authority at or above the provincial level.

The seventh enterprise names should be composed of the following parts: the shop name (or trade name, the same below), the industry or business characteristics, and the organizational form.

The name of an enterprise shall be designated as the name of the administrative division of the province where the enterprise is located (including autonomous regions, municipalities directly under the central government, the same below), or the city (including the state, the same below) or the county (including the municipal district, the same below).

With the approval of the State Administration for Industry and commerce, the names of the enterprises of the following enterprises may not be referred to as the administrative divisions of the enterprises:

(1) the enterprises listed in the thirteenth provision of the present provisions;

(two) enterprises with a long history and famous brand names;

(three) foreign invested enterprises.

Eighth Chinese characters should be used in the names of enterprises. The names of enterprises in ethnic autonomous areas can be used at the same time.

If an enterprise uses a foreign language name, its foreign language name should be consistent with the Chinese name and be reported to the competent registration authority for registration.

The ninth enterprise name shall not contain the following contents and words:

(1) it is harmful to the state and the public interest;

(two) may cause fraud or misunderstanding to the public;

(three) names of foreign countries (regions) and names of international organizations;

(four) the name of the political party, the name of the party, the government and the army, the name of the mass organization, the name of the social organization and the unit number of the army.

(five) Chinese phonetic alphabet (except in foreign names) and numbers;

(six) those prohibited by other laws and administrative regulations.

Tenth enterprises can choose the size.

The font size should consist of more than two characters.

Enterprises have legitimate reasons to use local or remote place names as names, but the names of administrative divisions at or above the county level shall not be used as the names.

The name of the investor can be used as the name of the private enterprise.

The eleventh enterprises shall, according to their main business, classify their industries or business characteristics in the name of the enterprises according to the categories classified according to the national industrial classification standards.

The twelfth enterprise shall indicate the organizational form in the name of the enterprise according to its organizational structure or form of responsibility.

The organizational form indicated must be clear and easy to understand.

Article thirteenth the following enterprises may apply for the use of "China" or "China" or the word "international" in the name of an enterprise.

(1) national companies;

(two) large import and export enterprises approved by the State Council or its authorized organs;

(three) a large conglomerate approved by the State Council or its authorized organ;

(four) other enterprises stipulated by the State Administration for Industry and commerce.

Where fourteenth enterprises establish branches, the names of the enterprises and their branches shall meet the following requirements:

(1) the use of the word "general" in the name of an enterprise must consist of more than three branches.

(two) a branch that can not bear civil liability independently. The name of an enterprise should be referred to the name of its subordinate enterprise, and the words "branch company", "branch factory" and "branch store" are affixing the name of the branch and the name and place name of the administrative division of the branch.

(three) a branch that can independently assume civil liability shall use an independent enterprise name and use the name of the enterprise name of the subordinate enterprise.

(four) the branches established by a branch that can independently bear civil liability may not use the name of the general organization in its enterprise name.

The names of the fifteenth joint ventures may be used by the members of the joint venture, but the names of the members of the joint venture shall not be used.

The joint venture shall indicate the words "joint venture" or "joint" in its enterprise name.

If sixteenth enterprises have special reasons, they may apply for registration of enterprise names separately before opening the business registration.

When applying for the registration of enterprise names in advance, the application documents, draft articles of association, and approval documents of the competent authorities or the examining and approving organs shall be submitted to the responsible person of the enterprise establishment.

Seventeenth foreign invested enterprises should apply for the registration of enterprise names separately before approval of the project proposal and feasibility study report before approval of the contract and articles of association.

When a foreign-invested enterprise applies for the registration of enterprise name in advance, it shall submit the application document, project proposal, approval document of feasibility study report signed by the responsible person in charge of the enterprise, and the legal opening certificate issued by the competent authorities of the country where the investor is located.

The eighteenth registration authority shall make a decision of approval or rejection within ten days from the date of receipt of all materials registered by the enterprise prior to the application of the enterprise name.

The registration authority approves the enterprise name registration certificate after approving the name of the enterprise which has previously applied for registration separately.

Nineteenth, the name of a company that has previously applied for registration individually is approved for a period of one year.

If the approval period is approved, the name of the enterprise is retained until the preparatory period.

It shall not be used for production and business activities during the retention period.

If the retention period is not completed, the name of the enterprise will automatically become invalid. The enterprise registration certificate should be returned to the registration authority within ten days after the expiration of the term.

The names used in the twentieth companies' seals, bank accounts, plaques and letters should be the same as those registered.

The names of enterprises, such as business, public catering, service, etc., can be simplified properly, but they should be reported to the registration authority for record.

Twenty-first the name of an enterprise applying for registration is the same as or similar to the enterprise name of the following circumstances: the registration authority shall not approve:

(1) the enterprise has been revoked for less than three years;

(two) the business license has been revoked for less than three years.

(three) the enterprise has cancelled registration for less than one year because of the reasons listed in Item (1) and (two) of this article.

After the twenty-second enterprise names are approved and registered, they can not apply for change within a year without any special reason.

The twenty-third enterprise name can be pferred with the enterprise or part of the enterprise.

The name of an enterprise can only be pferred to an enterprise.

The pferor and the pferee of the enterprise name shall sign a written contract or agreement, and report it to the original registration authority for approval.

After the assignment of the enterprise name, the pferor shall not continue to use the name of the pferred enterprise.

Twenty-fourth more than two enterprises apply the same name to the same registration authority, and the registration authority approvals according to the principle of application first.

Those who apply for the same day shall be settled through consultation by the enterprises. If the consultation fails, the registration authority shall make a ruling.

More than two enterprises apply to the different registration authorities for the same business name, and the registration authority approvals according to the principle of acceptance of Zai Xian.

Those that are accepted on the same day shall be settled through consultation by the enterprises. If the consultation fails, the registration authorities shall report to the joint higher authorities for registration.

When twenty-fifth or more enterprises or two or more enterprises are in dispute over the same or similar registered enterprise names, the registration authority shall handle the matter in accordance with the principle of first registration.

When a business name of a Chinese enterprise and a business name of a foreign (regional) enterprise dispute in China and apply for a ruling to the registration authority, it shall be handled by the State Administration for Industry and Commerce in accordance with the provisions of the international treaties concluded or acceded to by the state or the provisions.

Twenty-sixth violations of the provisions of the following acts, the registration authority to distinguish the circumstances, to be punished:

(1) those who engage in production and operation activities by using the names of unapproved registered enterprises shall be ordered to stop operating activities, confiscate illegal gains or impose a fine of more than two thousand yuan or less than twenty thousand yuan, and if the circumstances are serious, they may be concurrently.

(two) a person who has changed his or her name without authorization shall be given a warning or imposed a fine of not less than one thousand yuan or less than ten thousand yuan, and the registration of alteration shall be made within a time limit.

(three) if the name of the enterprise is pferred or rented without authorization, the illegal income shall be confiscated and a fine of more than one thousand yuan or ten thousand yuan shall be imposed.

(four) using the name of the enterprise in the retention period to engage in production or business activities or the expiration of the retention period, the enterprise registration certificate shall be returned to the registration authority on time, or be subject to a warning or a fine of not less than five hundred yuan or less than five thousand yuan.

(five) in violation of the twentieth provision of these Provisions, it shall be warned and imposed a fine of more than five hundred yuan or less than five thousand yuan.

The twenty-seventh person who illegally uses the registered business name of another person or has other acts of infringing upon the exclusive right of another person's enterprise name, the infringed party may request the registration authority at the place where the infringer is located to deal with it.

The competent registration authority shall have the power to order the infringer to stop the infringement and compensate the infringed for the losses suffered by the infringer, confiscate the illegal gains and impose a fine of more than five thousand yuan or less than fifty thousand yuan.

If a person infringes on the exclusive right of another person's enterprise name, the infringed party may also bring a suit to a people's court directly.

Where the twenty-eighth party disagrees with the specific administrative act made by the registration authority according to these Provisions, the parties concerned may apply for reconsideration to the registration authority at the next higher level within fifteen days from the date of receipt of the notification.

The superior registration authority shall make a reconsideration decision within thirty days from the date of receipt of the application for reconsideration.

If he refuses to accept the decision of reconsideration, he may bring a suit in a people's court according to law.

If the applicant fails to apply for reconsideration, or refuses to carry out the reconsideration decision after reconsideration, and does not prosecute, the registration authority may alter the name of the enterprise, withhold the business license of the enterprise, and notify the Bank of the account to pfer the penalty according to the prescribed procedures.

Twenty-ninth foreign (regional) enterprises may apply for registration of enterprise names in China.

A foreign (regional) enterprise shall apply to the State Administration for Industry and Commerce for registration of an enterprise name, submit an application signed by a legal representative of a foreign (regional) enterprise, a charter of a foreign (regional) enterprise, and a joint business opening certificate issued by the competent authorities of the country (region) where the enterprise is located.

The registration authority shall make preliminary examination within thirty days from the date of receipt of all materials registered by foreign (regional) enterprises for registration of names, and make a public announcement through the first instance.

The announcement period of the name of a foreign (regional) enterprise is six months. During this period, no objection or objection is not established, the registration shall be approved and the retention period of the enterprise name shall be five years.

The registration authority approves the registration of the name of the foreign (region) enterprise