Regulation on administration of enterprise name registration details

Regulation on administration of enterprise name registration

Article 1 in order to strengthen the management of enterprise name, to protect the legitimate rights and interests of enterprises, maintaining the social economic order, these rules are formulated

Article 2 these provisions shall apply to China itself for legal person enterprises and other required to be registered in accordance with the law

Article 3 an enterprise name, apply for registration, the enterprise by the competent authority of the registration of enterprise names.An enterprise name can be used only after it has been approved and registered, enjoys the exclusive right to use the prescribed scope.

Article 4 the enterprise name registration authority (hereinafter referred to as the registration authorities) are the state administration for industry and commerce and local administration for industry and commerce at all levels.The competent registration organ of enterprise name registration application, approval or refusal QiYeMing supervision and management

According to the use of and protect the right to the exclusive use of a business name.

Registration authority in accordance with the law of the People's Republic of China regulations on the administration of enterprise legal person registration, to carry out gradation administration of registration of enterprise name.Names of enterprises with foreign investment shall be approved by the state administration for industry and commerce.

Article 5 the competent registration authority shall have the right to correct inappropriate enterprise name registered, the higher the competent registration authority shall have the right to correct the competent registration organ at a lower level has been inappropriate enterprise name registered.

For the inappropriate enterprise name registered, any unit or individual may request the competent registration authorities to rectify

Article 6 an enterprise shall use only one name, within the jurisdiction area of the competent registration authority shall not and is identical with or similar to the same enterprise name registration.

Do have special needs, approved by the competent registration authority at or above the provincial level, enterprises can use a subordinate name within the prescribed scope.

Article 7 an enterprise name shall be composed of the parts in the following order: name (or trade name, similarly hereinafter), trade or business

Point, the organization forms.

An enterprise name shall be preceded by the local provincial (including autonomous regions and municipalities directly under the central government, similarly hereinafter) or the city (including state, similarly hereinafter) or the county (including district, similarly hereinafter) the name of the administrative area.

Approved by the state administration for industry and commerce, the business enterprise name may not be preceded by local administrative divisions

(a) these provisions listed in article 13 of the enterprise;

(2) has a long history, size, well-known enterprises;

(3) of enterprises with foreign investment.

Article 8 an enterprise name shall use Chinese characters, the enterprise name can be used at the same time the national autonomous areas the ethnic languages commonly used by the national autonomous areas.

Enterprises with foreign names, the foreign names shall be consistent with Chinese name, and reported to the competent registration authority for registration note

Article 9 an enterprise name must not contain any content and text of the following:

(a) harm national and social public interests;

(2) may cause deception or misunderstanding to the public;

(3) the name of the foreign country (region), international organization;

(4) the name of the name of the party, relating to organ, public organization, social group name and insititute;

(5) the Chinese phonetic alphabet (except) used in the foreign names, Numbers;

(6) other prohibited by laws and administrative rules and regulations.

Article 10 an enterprise may choose its shop name.The shop name shall be composed of two or more words.

Enterprises have legitimate reasons can use local or long-distance masterpieces font size, but the name of the administrative divisions at or above the county level shall not be used as its shop name.

A private enterprise may use the name of its investor as its shop name.

Article 11 an enterprise shall, according to its main business, in accordance with the national industry classification standard classification categories, in an enterprise name

Of their industry or business characteristics.

Article 12 an enterprise shall, according to its organizational structure or liability form in the enterprise names of organization form.The organization form of indicated must be clear and easy to understand.

Article 13 the following enterprises, can apply for the use of "China" in an enterprise name, "China" or as "international" word:

(a) national corporations;

(2) of the state council or its authorized agencies approved by the large-scale import and export enterprises;

(3) of the state council or its authorized agencies approved by the large enterprise groups;

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

Article 14 enterprises set up branch offices, enterprises and their branch offices of an enterprise name shall be in conformity with the following provisions:

(a) use the word "always" in the enterprise name, must consists of three or more branches;

(2) of the branch can't bear civil liability independently, the enterprise name shall be as the subordinate enterprise's name,

Compose with the "branch", "factory" and "branch" and other words, and clearly indicate the branch of industry and local administrative division name or place name, but by its industry and its subordinate enterprise consistent, can be shortage;

(3) of the branch shall bear civil liability independently, shall use an independent enterprise name, and its subordinate enterprises can use the font size in enterprise name;

(4) of the branch shall bear civil liability independently to set up branches, and branches of the total agency shall not be used in its corporate name names.

Article 15 the enterprise name of consortium members can use the pool size, but the name of the enterprise consortium members shall not be used.Joint ventures shall include in its "associates" or "joint" words.

Article 16 enterprises with special reason, can before opening registration application for a separate enterprise name registration in advance.Application for a separate enterprise name registration in advance, it shall submit a letter of application signed by the head of the enterprise organizing group, the draft articles of association and or approval from the authorities of examination and approval by the competent department of archives.

Article 17 enterprises with foreign investment shall be in the project proposal and feasibility study report after approval, contract, articles of association for approval

Before the application for a separate enterprise name registration in advance.Application for a separate enterprise name registration in advance of enterprises with foreign investment, shall submit a letter of application signed by the head of the enterprise organizing group, the project proposal, feasibility study report approved files,

And investors the country (region) issued by the competent authorities have legitimate business.

Article 18 the competent registration authority shall also be submitted upon receipt of application for a separate enterprise name registration in advance, as of the date of all the required materials to make a decision of approval or refusal within 10 days.

Advance is approved, the competent registration authority shall separate registered enterprise name after the issuance of the certificate of enterprise name registration.

Article 19 a separate registered enterprise name in advance after it has been approved only for one year.Approved to have the preparation period, the enterprise name reserved to the preparatory period terminates.In the retention period shall not be used in the production and business operation activities.

The expiration of the retention period does not handle the enterprise registration, the enterprise name shall automatically lapse, enterprise shall, within ten days from the date of expiration of return the certificate of enterprise name registration to the registration authority.

Article 20 the seal, bank account, signboard and correspondence papers of an enterprise name shall be used by QiYeMing with registration

According to the same.Of commerce, public catering or service trade the signboard of an enterprise name may be duly simplified, but shall be reported to the competent registration authority for record.

Article 21 application for registration of enterprise names of the same or similar enterprise name with the following situations, the competent registration authority shall not be approved:

(a) enterprise is revoked under three years;

(2) enterprise business license is revoked under 3 years;

(3) enterprise because of section (1) and (2) go through the cancellation registration situation for reasons other than listed in less than one year.

Article 22 an enterprise name registration has been approved, no special reasons shall apply for change in a year.

Article 23 an enterprise name may be assigned with the enterprise or part of the enterprise.

An enterprise name may only be assigned to one enterprise.The assignor and the assignee of the enterprise name shall sign a written contract or agreement, shall be reported to the original competent registration authority for approval.

After the assignment, the assignor may not continue to use the assigned enterprise name.

Article 24 where two or more enterprises to the same registration authority to apply for the same, conform to the provisions of the enterprise name registration authority in accordance with the approved application principle of earlier.Belong to the same application, it shall be a negotiated solution by the enterprise;If consultation fails, the competent registration authority.

Two or more enterprises apply for registration of the same enterprise name to different registration authorities, the registration authority in accordance with the approved to accept the principle of earlier.Belong to the same day to accept, it shall be a negotiated solution by the enterprise;If consultation fails, the competent registration organ by the common superior competent registration authority.

Article 25 where two or more companies by the registered enterprise name identical with or similar to the dispute, the competent registration authority shall make a decision according to the principle of earlier registration.

Chinese companies with foreign (regional) enterprise name name of the enterprise within the territory of China dispute and apply to the competent registration authority for decision, by the state administration for industry and commerce in accordance with the regulation of our country the international treaties concluded or acceded to the principle of these provisions or processing.

Article 26 the following ACTS in violation of these provisions, the difference between the plot by the registration authorities, shall be penalized:

Article 24 where two or more enterprises to the same registration authority to apply for the same, conform to the provisions of the enterprise name registration authority in accordance with the approved application principle of earlier.Belong to the same application, it shall be a negotiated solution by the enterprise;If consultation fails, the competent registration authority.

Two or more enterprises apply for registration of the same enterprise name to different registration authorities, the registration authority in accordance with the approved to accept the principle of earlier.Belong to the same day to accept, it shall be a negotiated solution by the enterprise;If consultation fails, the competent registration organ by the common superior competent registration authority.

Article 25 where two or more companies by the registered enterprise name identical with or similar to the dispute, the competent registration authority shall make a decision according to the principle of earlier registration.

Chinese companies with foreign (regional) enterprise name name of the enterprise within the territory of China dispute and apply to the competent registration authority for decision, by the state administration for industry and commerce in accordance with the regulation of our country the international treaties concluded or acceded to the principle of these provisions or processing.

Article 26 the following ACTS in violation of these provisions, the difference between the plot by the registration authorities, shall be penalized:

(a) use without the approval of registration of enterprise names engaged in the production and business operation activities, shall be ordered to stop business activities, confiscate the illegal income or penalty of between two thousand yuan and twenty thousand yuan, if the circumstances are serious, a fine may concurrently be;

(2) the change of the enterprise name without authorization, and may issue a warning or penalty of between one thousand yuan and ten thousand yuan, and the change of the registration within a prescribed time limit;

(3) transfer or lease their own enterprise name without authorization, confiscate the illegal gains and impose a one thousand yuan of above, a fine of less than RMB ten thousand;

(4) using the reservation period is engaged in the production and business operation activities of an enterprise name or retention period expires on schedule return the certificate of enterprise name registration to the registration authority, and may issue a warning or impose a five hundred yuan of above, a fine of less than RMB five thousand;

(5) violating the provisions of article 20, warning and penalty of between five hundred yuan and five thousand yuan.

Article 27 the unauthorized use of the enterprise name registered others or have other special that infringes on another person enterprise name

Rights act, the patentee may be the place where the infringer is located the competent registration authorities request processing.Registration authority has the power to order the infringer to stop the infringing act, the compensation is the infringer for losses suffered by the infringement, confiscate the illegal gains and impose a five

More than one thousand yuan, a fine of less than RMB fifty thousand.

The infringement of another person's right to the exclusive use of a business name, the party may also directly bring a suit in a people's court.

Article 28 the competent registration authority refuses to accept a specific administrative act is made according to these provisions, the parties may within 15 days from the date of receipt of the notification from the competent registration authorities at the next higher level for reconsideration.The higher the competent registration authority shall within 30 days from the date of receipt of the application for reconsideration, make a reconsideration decision.Is not satisfied with the reconsideration decision, he may bring a suit in a people's court according to law.

Exceed the time limit does not apply for reconsideration, or later refused to carry out the decision of reconsideration, and not to prosecute, forced change of enterprise name registration authority may, withholding enterprise business license, program to inform the bank transfer FaMeiKuan in accordance with the relevant provisions.

Article 29 of the foreign (regional) enterprise may apply for registration of enterprise name registration in China.

Foreign (regional) enterprise shall be made to the state administration for industry and commerce registration of enterprise name registration application, and submit the application signed by the legal representative of a foreign (regional) enterprise, the articles of association of the foreign (regional) enterprise and enterprise country (region) issued by the competent authorities have legitimate business.The competent registration authority shall upon receipt of application for foreign (regional) enterprise name registration in all the materials to make preliminary examination within 30 days from the date of through trial, make a public announcement.Of the foreign (regional) enterprise name

Period of six months, during this period without objection or dissent is not established, the registration shall be approved, the enterprise name as pre-approved for five years.Registration authorities after a foreign (regional) enterprise name registration is approved, shall issue the certificate of enterprise name registration.After the registration of foreign (regional) enterprise name need to change or to extend its reservation period on its expiry, a new application for registration shall be made.

Article 30 the competent registration authority for registration of business units and institutions set up the business unit name and the name of the individual business registration administration, the present provisions.

Article 31 prior to the enforcement of these provisions has approved the registration of enterprise names, allow to continue to use, but serious does not conform to the provisions, shall be corrected.

Article 32 the certificate of enterprise name registration shall be uniformly printed by the state administration for industry and commerce.

Article 33 these rules by the state administration for industry and commerce shall be responsible for the interpretation.

Article 34 the present provisions shall be implemented as of September 1, 1991.

On May 23, 1985 the state council for approval, June 15, 1985 the state administration for industry and commerce

Cloth of the interim provisions on enterprise name registration administration for industry and commerce shall be repealed simultaneously.