The measures for the implementation of the management of enterprise name registration details

Management measures for the implementation of enterprise name registration

(state administration for industry and commerce on December 8, 1999 to 93, released on June 14, 2004, the state administration for industry and commerce for revision number 10)

The first chapter the general

Article 1 in order to strengthen and perfect the enterprise name registration and management, protect the lawful rights and interests of enterprise name all the people, safeguard fair competition order, according to the regulation on administration of enterprise name registration and the relevant laws and administrative rules and regulations, and these measures.

Article 2 these measures shall apply to the administrative department for industry and commerce registration of enterprise legal person and do not have the name of the legal person status of the enterprise.

Article 3. The enterprise shall choose their own name in accordance with the law, and the application for registration.Since the establishment of the company as of the date of the name

Article 4 the administrative department for industry and commerce at various levels shall approve and register enterprise names according to law.

Beyond the permission approved the enterprise name should be corrected.

Article 5 the administrative department for industry and commerce to carry out gradation administration of registration of enterprise name.The state administration for industry and commerce responsible for the nationwide administration of enterprise name registration, and is responsible for the approval of the following company name:

(a) as "China", "Chinese", "national", "national", "international" and other words;

(2) in the middle of the name of the use of "China", "China", "national", "national" and other words;

(3) does not contain the administrative divisions.

The local administration for industry and commerce is responsible for the approval of the provisions of the preceding paragraph outside the following company name:

(a) as the corresponding administrative divisions;

(2) in accordance with article 12 of these measures contain administrative districts at the same level.

The state administration for industry and commerce granted to foreign-funded enterprises approved by the administration for industry and commerce registration right names of enterprises with foreign investment approval in light of the present measures.

The second chapter enterprise name

Article 6 the name of an enterprise as a legal person shall not include the name of the other legal person, except as otherwise stipulated by the state administration for industry and commerce.

Article 7 the name of an enterprise shall not include the name of another enterprise.

Branch enterprise name shall be called the subordinate enterprise's name.

Article 8 an enterprise name shall be used in line with national standard Chinese characters, Chinese phonetic alphabet, the Arab number should not be used

Used in enterprise name should be translated into foreign languages, the enterprises based on the principles of literal translation translation use by oneself, do not need to be submitted to the administrative department for industry and commerce for registration.

Article 9 an enterprise name shall be composed of administrative division, font size, industry organization form, in turn, the laws and administrative regulations and the present measures except where otherwise stipulated by the state.

Article 10 except of the state council decided to set up enterprises, an enterprise name shall not be labeled as "China" and "Chinese", "national", "national", "" international" and other words.

In the middle of the enterprise name using "China", "Chinese", "national", "national", "international" and other words, the words should be a limit of the industry.

Use of foreign (region) of the investment enterprise size a wholly foreign owned enterprise, the foreign holdings of foreign invested enterprises, can be used in the middle of the name "(China)".

Article 11 an enterprise name of administrative division is home to the enterprise the administrative divisions at or above the county level or the name of the place names.

The name of a municipal district cannot alone is used as the enterprise name of administrative division.Municipal district name and a laparoscope, usually connected to a municipal administrative area enterprise name, subject to approval by the municipal administration for industry and commerce.

A laparoscope, usually connected to a provincial, city and county administrative divisions enterprise name, subject to approval by the supreme level administrative region of the administration for industry and commerce.

Article 12 meet the following conditions of an enterprise as a legal person, can put name of administrative division in the font size, organization form before:

(a) use holding enterprise name in the certificate;

(2) the name of the holding company, does not contain administrative divisions.

Article 13 approved by the state administration for industry and commerce, and meet the following conditions, one of the enterprise as a legal person, you can use the enterprise name of administrative divisions does not contain:

(a) of the state council for approval;

(2) of the state administration for industry and commerce registration;

(3) the registered capital or registered capital of not less than 50 million yuan;

(4) otherwise stipulated by the state administration for industry and commerce.

Article 14 an enterprise name of the shop name shall be composed of more than two Chinese characters.

Administrative divisions shall not be used as a name, but the place name of administrative division at or above the county level has other meanings.

Article 15 an enterprise name may use the name of a natural person investor as its shop name.

Article 16 the enterprise name should be reflect the enterprise economic activity expressing industry in nature belongs to industry or business terms of the characteristics of the national economy.

The content of the trade terms stated in the enterprise name shall be consistent with the scope of business.

Article 17 an enterprise economic activity properties respectively belong to different categories of the national economy industry, should choose the main nature of economic activities belong to the national economy industry category terms describe enterprise name in the industry.

Article 18 an enterprise name without the use of the national economy industry category in language expression enterprise engaged in the industry, should meet the following conditions:

(a) enterprise economic activity in the nature, belong to the national economy industry more than five categories;

(2) the enterprise registered capital or registered capital of 100 million yuan of above, or is the enterprise group's parent company;

(3) with the same administrative department for industry and commerce approved or registered enterprise name font size is not the same.

Article 19 an enterprise to reflect its operating characteristics, can be used in the name of the certificate after the name of the country (region) or the place name of an administrative division at or above the county level.

The name is not considered to be the administrative division of the enterprise name.

Article 20 an enterprise name shall not express or implied has beyond the business scope of business.

The third chapter of enterprise name registration

Article 21 the enterprise business license shall clearly indicate an enterprise name only.

Article 22 the establishment of a company shall apply for name pre-approval.

Laws, administrative rules and regulations must be reported to the examination and approval to set up enterprises or enterprise business scope with the laws and administrative regulations in the rules

Set must be reported to the examination and approval items, it shall handle the enterprise name approval in advance before submitted to the examination and approval, and by the administrative department for industry and commerce approved the enterprise name submitted for examination and approval.

Set up the other enterprises can apply for name pre-approval.

Article 23 the application for enterprise name approval in advance, shall by all the investors, partners, collaborators (hereinafter generally referred to as investors) designated representative or the entrusted agent, to have a name authorization jurisdiction of the administrative department for industry and commerce to submit application for enterprise name approval in advance.

Enterprise name prior approval application shall contain the names of companies (can indicate the alternative name), domicile, registered capital, business scope, investors name or name, amount of investment and investment ratio, authorize opinion (designated representative or the entrusted agent name, permissions and term), and the signed and sealed by all the investors.

Enterprise name prior approval application shall be labeled on the designated representative or entrusted agent of the id card copy.

Article 24 the directly to the administrative department for industry and commerce to handle the business name pre-approval, the administrative department for industry and commerce to apply for pre-approval of enterprise name shall be field to make a decision of approval or refusal.Approval, to the enterprise name

The notice on the pre-approval of ";Rejected, to the enterprise name rejection notice.

By mail, fax, electronic data interchange methods such as the applicant name prior approval, in accordance with the "provisions on enterprise registration code" is carried out.

Article 25 the apply for registration of enterprises to establish, already dealt with the enterprise name approval in advance, shall be submitted to the notice on the pre-approval of enterprise name.

To set up the enterprise name of legal, administrative rules and regulations must be reported to the examination and approval, failed to submit approval file, registration authority shall not approved the enterprise name registration in advance.

With the enterprise registration in advance shall not be subject to the same enterprise name for the administrative department for industry and commerce, the registration authority shall within 30 days from the date of the registration of enterprises, will be about to send the approval of the enterprise name registration administration for industry and commerce

Article 26 an enterprise changes its name, it shall apply for alteration registration to the registration authorities.

Change the name of the enterprise application is the administration of the registration authority, the change of the registration by the registration authority directly.

Enterprises apply for change of name, does not belong to the administration of the registration authority, shall be dealt with in accordance with the provisions of article 27 of the present measures.

Enterprise name registration of change within 30 days from the date of approval, the change of the enterprise shall apply for to deal with its branches

Article 27 the apply for registration of enterprise names change, the enterprise registration and approval is not in the same enterprise name of the administrative department for industry and commerce, the enterprise registration authority shall make preliminary examination, to change the name of the enterprise and to have the name of the jurisdiction of the administrative department for industry and commerce to submit the enterprise name change approval opinions.

Enterprise name change approval opinions on should indicate the change of the original enterprise name, company name (optional), domicile, registered capital, business scope, investors name or the name, the enterprise registration authority review opinions, and build official seal.Has a name of jurisdiction of the administrative department for industry and commerce upon receipt of the enterprise name change approval opinion, should be in 5 days after the decision to approve or reject, approval, issue the enterprise name change approval notice;Rejected, to the enterprise name rejection notice.

Registration authority shall, within the approved business name registration of change within 30 days from the date of, about the registration will be sent to the approved QiYeMing

According to the administrative department for industry and commerce for the record.

Article 28 the company name and company name change approval is valid for 6 months, the expiration, the name as null and void automatically.

Article 29 of the enterprise revoked relevant to the business management, and its name suggests that the business, the enterprise shall be the date of the revocation of the business management of 1 months, apply to the registration authority for change of enterprise name registration, etc.

Article 30 enterprises or revoked the business license for cancellation of registration, as the name is approved by the other administrative department for industry and commerce, the registration authority shall transfer the case approved the cancellation of registration or administrative penalty to send approved the enterprise name of the administrative department for industry and commerce for the record.

Article 31 the company name in any of the following circumstances, shall not be approved:

(a) with the same administrative department for industry and commerce approved or registered in the same industry enterprise name font size is the same, unless the investment relationship;

(2) with the same administrative department for industry and commerce approved or registered in accordance with article 18 of these measures the size of an enterprise name

The same, unless the investment relationship;

(3) and other enterprise changes its name under 1 year of the same name;

(4) and the cancellation of registration or revoke the business license is under 3 years of the same enterprise name;

(5) other violations of laws and administrative regulations.

Article 32 the administrative department for industry and commerce shall establish an enterprise name approval registration files.

Article 33 the pre-approval of enterprise name, the enterprise name change approval notice, notice of rejection the enterprise name and company name for registration form style formulated uniformly by the state administration for industry and commerce.

Article 34 the foreign (regional) enterprise name, on the basis of our country to participate in the international conventions and agreements, treaty and other relevant provisions to protect.

The fourth chapter the use of enterprise name

Article 35 the pre-approval of enterprise name in the period of validity, shall not be used for business activities, shall not be transferred.

Enterprise changes its name, in the registration authority for approval before the registration of change, the enterprise name change approval notice shall not be used on the approved name of enterprises engaged in business activities, changes and may not be transferred.

Article 36 an enterprise shall indicate the company name at home.

Article 37 of the seal, bank account of an enterprise, the enterprise name, stationery use ought to instead of the business license of enterprise name is the same.

Article 38 a legal document using the enterprise name shall be same as the enterprise's business license the name of the enterprise.

Article 39 enterprises use the name, shall follow the principle of honesty and credit.

Chapter v supervision and management and dispute processing

Article 40 the administrative department for industry and commerce at all levels within the jurisdiction of this authority is engaged in the activities of the enterprises to use names

Behavior, conduct supervision and management in accordance with the law.

Article 41 the registered enterprise name, in use to the public cause deception or misunderstanding, or damage the legitimate rights and interests of others, shall be deemed to be inappropriate enterprise name corrected.

Article 42 of the enterprise because of the name dispute with others, you can apply to the administrative department for industry and commerce, also can bring a suit in a people's court.

Article 43 enterprises request the administrative department for industry and commerce to handle the name dispute, shall be submitted to the approval of others name of the administrative department for industry and commerce to submit the following materials:

(a) the application form;

(2) of the applicant's qualifications;

(3) proof materials;

(4) other relevant materials.

Application form should be signed by the applicant and shall specify the applicant and the respondent, the facts and reasons the name dispute, please

For matters, etc.

Entrusted agency shall also submit a power of attorney and the client qualification certificates.

Article 44 the administrative departments for industry and commerce enterprise name after the controversy, shall be made within six months in the following program:

(a) to verify the applicant and the applicant enterprise name registration;

(2) the investigation to verify the applicant to submit materials and relevant disputes;

(3) will inform the applicant in writing, dispute relating to the name required by the applicant within one month to issue a written opinion;

(4) based on the principle of the protection of industrial property and deal with the relevant provisions of the management of enterprise name registration.

The sixth chapter bylaws

Article 45 the following needs to be in the name of the administrative department for industry and commerce for registration, referring to the regulation on administration of enterprise name registration and the measures to deal with:

(a) the name of the enterprise group, its composition is: administrative divisions + name + + "group" of the industry;

(2) the other in accordance with the provisions in the administrative department for industry and commerce for registration of the name of the organization.

Article 46 a business name pre-approval application and enterprise name change approval opinion by the state administration for industry and commerce shall be the standard text format, all the administrative department for industry and commerce in accordance with the standard format text printing.

Article 47 in the present measures shall be implemented as of July 1, 2004.

The state administration for industry and commerce on the implementing regulation on administration of enterprise name registration announcement concerning the problem (industrial and commercial enterprises word [1991] no. 309), "about to perform on the regulation on administration of enterprise name registration of supplementary notice the industrial and commercial enterprises word [1992] no. 283", "about foreign investment enterprise name registration management related issues notice" (industrial and commercial enterprises word [1993] no. 152) shall be repealed simultaneously.

The state administration for industry and commerce of the other files about the rules of the enterprise name, and the management of enterprise name registration rules

"And the way of, at the same time.