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Provisions On Administration Of Enterprise Name Registration 2012 (Revised)

Original Language Title: 企业名称登记管理规定(2012年修正本)

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  (May 6, 1991 approved July 22, 1991 the State Council administration for industry and commerce the seventh released on November 9, 2012 People's Republic of China promulgated by Decree No. 628, promulgated by the State Council as of January 1, 2013 modifying and abolishing some administrative rules and decision amended) first in order to strengthen the administration of Enterprise name, protect the legitimate rights and interests of enterprises, and maintain social and economic order, these provisions are formulated.

Provisions of this article apply to the legal conditions in China's enterprises and other enterprises are required by law to be registered. In enterprises applying for registration, the name of the article, by the registration of enterprise names approved by the competent authority.

Corporate name approved and registered before use, shall have the exclusive right within the limits prescribed. Fourth Enterprise name registration authorities (hereinafter referred to as the competent registration authority) is the Administration for industry and Commerce and local administration for industry and Commerce at all levels.

Registration authority name of the approval or rejection of applications for registration, supervision and administration of Enterprise name used, protects the right to name special. Registration authorities in accordance with the People's Republic of China regulations on registration, grading on the Enterprise name registration administration.

Name of foreign-invested enterprises approved by the Administration for industry and commerce.

Article fifth competent registration authorities to rectify the inappropriate Enterprise name registered, the superior the competent registration authorities to correct a subordinate registration authority of inappropriate Enterprise name registered.

To inappropriate Enterprise name registered, no unit or individual may request the registration authorities to remedy the situation.

Article sixth only uses one name, registration authority within its jurisdiction shall not be registered the same business name identical or similar.

There are special needs, approved by the competent registration authorities at or above the provincial level, enterprises can use a subordinate name within the required range.

Seventh business name should in turn consists of the following parts: the font size (or a firm, the same below) characteristics, organization, industry or business.

Corporate name shall be preceded by local provinces (including autonomous regions and municipalities, the same below) or cities (including States, similarly hereinafter) or County (including municipal districts, the same below) administrative division name.

Approved by the Administration for industry and commerce, following corporate name may not be as local administrative division name:

(A) the companies listed in this article 13th;

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

(C) enterprises with foreign investment.

Name of the eighth Chinese characters should be used, name of national autonomous areas can also use this common national language in the autonomous areas.

Enterprises using foreign names, foreign names should be consistent with the name, registered and submitted to the registration authorities.

Nineth Enterprise name shall not contain the following text:

(A) detrimental to the State and social public interests;

(B) likely to cause deception or misunderstanding to the public;

(C) foreign countries (regions) names, names of international organizations;

(D) the names of political parties, party name name name, mass organizations, social organizations and the code designation;

(E) the Chinese phonetic alphabet (except those using foreign names), numbers;

(Vi) other prohibited by laws and administrative regulations. Tenth enterprise may choose its shop name.

Font size should be made up of two or more words.

Enterprise justified to name font size you can use a local or remote, but administrative divisions above the county name shall not be used for the font size.

Private investors can be used name for the font size.

11th enterprises shall in accordance with its main business, in accordance with State standard industry classification category, in the corporate name of industry or business characteristics. 12th Enterprise shall, according to their organizational structure or liability form, in the corporate name of organization.

Indicated by the Organization must be clear and easy to understand.

13th the following enterprises can apply for the in the name of "China" or "Chinese" or as the "international" Word:

(A) national companies;

(B) approved by the State Council or by its authorized bodies large import and export businesses;

(C) large enterprise groups approved by the State Council or by its authorized bodies;

(D) the provisions of the State administration for industry and other businesses.

Article 14th enterprises to set up branch offices, enterprises and branch offices of Enterprise name shall conform to the following provisions:

(A) the use in the name of "total" character must be under three or more branches;

(B) does not bear civil liability independently of branches, its company name shall be preceded by the name of the subordinate enterprises, decorate it with "branches", "factory" and "stores" and other words and indicate the branch of industry and local administrative division name or names, but consistent with its subordinate enterprises of the industry, can be used;

(C) the ability to independently assume civil liability branch, independent business name should be used, and you can use the secondary font size in the corporate name;

(D) the ability to independently assume civil liability branch to set up branches, established by the branch in its corporate name, the institution may use the name of the head office. 15th joint venture company name can use partner's font size, but not using the partner's company name.

In its corporate name, the joint venture should be marked "pool" or "joint". Article 16th with special reasons, may apply in advance before opening a separate registered Enterprise name registration.

When you apply separately for its Enterprise name registration in advance, shall submit a form signed by the head of enterprise applications, draft statutes and approved by the competent authority or approval authority files. 17th foreign-funded enterprises should be in your project proposal and feasibility study approval, pending the approval of contract and articles, apply separately for its Enterprise name registration in advance.

Foreign-invested enterprises apply separately for its Enterprise name registration in advance, shall submit form signed by the head of enterprise applications, approval documents of the project proposal and feasibility study report, as well as the investor's home country (region) of incorporation certificate issued by the competent authority.

18th of the competent registration authority shall, on receipt of the enterprise to apply separately for its Enterprise name registration in advance all the material date, make a decision of approval or rejection within 10th.

Registration authority approved the application for a separate registered Enterprise name in advance and issue the certificate of business name registration. 19th separate registered Enterprise name in advance after it has been approved, a retention period of one year. Approved the preparatory period, corporate name reservation to the preparatory period terminates.  During the reservation period shall not be used in production and operating activities.

Expiry of the retention period is not for enterprise registration, its business name expire automatically and enterprises should be the 10th will be the date of expiry of the certificate of business name registration back to the competent registration authorities. 20th Enterprise seal, bank account, signboard and correspondence papers use names shall be registered with the register of enterprises of the same name.

Bush commercial, catering, and service industry's corporate name plaque may be appropriate to simplify, but filing shall be submitted to the registration authorities.

21st registered business name and business name identical or similar to the following conditions, the registration authority not to approve:

(A) the enterprise was revoked less than three years;

(B) the business license has been revoked less than three years;

(C) enterprises for this section (a), (b) reasons for cancellation of the registration of the cases listed below one year of age.

22nd Enterprise name after it has been approved and registered, without special reasons may not apply for a change in a year.

23rd Enterprise name may be transferred together with the enterprise or enterprise part. Enterprises can only be transferred to a family enterprise.

Business name of transferor and transferee shall enter into a written contract or agreement, the original registration approved by the competent authority.

Enterprise name after the transfer, the transferor shall not continue to use the transferred business name. 24th two or more enterprises to apply the same registration authorities in conformity with the provisions of the same business name, registered in accordance with the principles approved by the competent authority.

Belong to the same application, shall be resolved by consultation through consultation, ruled by the registration authorities. Different registration authorities of two or more enterprises to apply the same business name, registration approved by the competent authority in accordance with accepted principles.

Are accepted on the same day, the enterprises settled through consultation, by the competent registration authority shared by the competent registration authority decision.

25th more enterprises registered business name identical or similar disputes, the registration authority in accordance with the principle of first application.

Corporate names in China and in foreign countries (regions) corporate name dispute in China and to the competent registration authority for the decision, the industry and Commerce according to conclude or participate in the principles set forth in international treaties or provisions.

26th article violation this provides of following behavior, by registration competent organ difference plot, be punishment: (a) using without approved registration registered of Enterprise name engaged in production business activities of, ordered stop business activities, confiscated illicitly acquired or sentenced 2000 Yuan above, and 20,000 yuan following fine, plot serious of, can and at; (ii) unauthorized change enterprise name of, be warning or sentenced 1000 Yuan above, and 10,000 yuan following fine, and deadline handle change registration;

(C) unauthorized transfer or lease their own business name, confiscation and a fine of 1000 Yuan and 10,000 yuan fine;

(D) the name used within the retention period to engage in productive business activities or expiry of the retention period is not regular enterprise name registration certificate will be returned to the registration authority, with a warning or to impose a penalty of more than 500 Yuan, 5,000 yuan;

(E) violation of the provisions of article 20th, with a warning and a fine of 500 Yuan and 5,000 yuan fine. 27th unauthorized use of other people already registered business name or other infringement of the enterprise the exclusive right to the name, the infringer can be registered with the infringer is located requested by the competent authority.

Registration authority the authority to order the infringer to stop the infringing act, compensate the losses suffered by the infringer through the infringement Act, more than confiscation and a fine of 5,000 yuan, fined a maximum of 50,000 yuan.
To infringe upon company exclusive rights to the name, the infringer may also directly bring a lawsuit.

28th to the competent registration authority according to the requirements of specific administrative acts, parties can up one level in the 15th from the date of receipt of the notification the competent registration authorities for reconsideration. By the competent registration authority shall, on the date of receiving the application for reconsideration in the 30th to make a decision.

Not satisfied with the reconsideration decision, a people's Court according to law.

If no application for reconsideration, or refusing to execute a decision after reconsideration, not prosecution, registration authorities can force change company name, taxed at the business license.

Article 29th foreign (region) enterprises may apply for Enterprise name registration in China. The foreign (area) Enterprise name registration application should be submitted to the State administration for industry and enterprise, and submitted to the foreign (regional) application signed by the legal representative of the enterprise, foreign (region) regulations and the State in which the enterprise (district) legal business opening certificate issued by the competent authorities. Registrations should be received by the competent authorities of foreign (region) enterprises to apply for registration of its name within 30th all the materials to make a preliminary review short-listed shall be published. Foreign (regional) announcement of business name for a period of six months, during which no opposition or dissent is not established, approved registered company name retention period of five years. Registration authority approved and registered foreign (regional) Enterprise name shall be issued the certificate of registration of enterprise names.

The foreign (area) Enterprise name registration required after changes to renewal or expiry of the retention period requirements, should apply for registration again.

Article 30th registered with the registration authority institutions and institutions run by the name and code of the business name registration of individual industrial and commercial households, with reference to these provisions.

31st before the implementation of these provisions has been approved and registered the business name, grant continued to use, but does not comply with the provisions of, and should be corrected.

Article 32nd uniformly printed by the State administration for industry and the Enterprise name registration certificate.

Article 33rd industry and commerce is responsible for the interpretation of these provisions. 34th article of the regulations come into force on September 1, 1991. Approval of the State Council on May 23, 1985, June 15, 1985, issued by the State administration for industry and commerce, interim provisions on the administration of Enterprise name registration repealed at the same time.