Law Firm Name Management

Original Language Title: 律师事务所名称管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253031.shtml

Law firm name management

    (January 4, 2010 People's Republic of China 120th release from the Ministry of Justice as of March 1, 2010) Chapter I General provisions

    First name in order to strengthen the law firm management, standardizing law firm name, in accordance with the People's Republic of China Law on lawyers (hereinafter referred to as the lawyers Act) and the provisions of relevant laws and regulations, these measures are formulated. Second law firm approved by the judicial administrative organs in accordance with the law firm enjoys the exclusive right to the name.

    Law firm legal use of names, and are protected by law.

    Law firm established under article III, shall apply for the establishment of permission, in accordance with the provisions of law firm name of the measures approved.

    Pre approved by law firm name, the province, autonomous region, municipality directly under the administration of Justice in law firms and the establishment permit approval.

    Chapter law firm name specification

    The fourth law firm selection, use only one name.

    Fifth law firm names shall be in accordance with national standard of Chinese characters.

    Law firm name in the autonomous areas, you can also use this common national language in the autonomous areas.

    Sixth law firm name should be "provinces (autonomous regions and municipalities) administrative division names, font sizes, law firm" consists of three parts in turn.

    Partnership law firm name, you can use the established name of cluster cluster size or last name.

    Seventh law firm name in the font sizes should be made up of two or more characters, and shall contain the following text:

    (A) detrimental to national interests and public interests or detrimental to Socialist morals, no respect for ethnic and religious practices;

    (B) the names of political parties, party name name name, mass organizations, social organizations and their abbreviations;

    (C) national names, major festivals, County (district) administrative divisions above the names or place names;

    (D) foreign countries (regions) names, names and abbreviations of international organizations;

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

    (F) the Hanyu Pinyin alphabets, foreign letters, Arabic numerals, all by Chinese numbers or text with sort properties;

    (VII) "China" or "Chinese", "national" and "national", "international", "Center", "group", "Union", the words ";

    (VIII) "international", "Finance", "security", "patent", "real estate" to show specific lines of business, such as writing or homophonic words;

    (IX) and has been endorsed or approved by other lawyers in the firm name identical or similar to the font size;

    (J) the font size includes approved or approved by other lawyers in the firm name of font size;

    (11) with already approved in the Mainland of China (the Mainland) to establish a representative office in Hong Kong, Macao and Taiwan law firms in Chinese size name identical or similar;

    (12) and has approved the establishment of representative offices of foreign law firms in China in the name of the Chinese translation of the text, the same or similar;

    (13) other inappropriate content and text.

    Eighth law firm-the name should be "located by the total (autonomous regions and municipalities) total administrative division names, the font size, the seat of the city (including the municipal districts of the city) or county administrative division names (names bracketed), law firm" composed of four parts.

    Law firm name in Chapter approved

    Nineth law firm name approved by provincial, autonomous region, or municipality directly under the administration of Justice under request be dealt with to set up.

    Tenth application approved by the law firm name, set up by the establishment or designated representatives of the provinces, autonomous regions and municipalities directly under the judicial administrative organs to submit the application form approved by the law firm name, five to ten alternative name, and marked to be used in the order.

    Law firm set up in autonomous areas, application name pre-approved materials, shall be first submitted to the seat of the municipal judicial administrative organs, after the audit submitted to the judicial administrative organs of provinces, autonomous regions and municipalities.

    The 11th province, autonomous region, or municipality directly under the administration of Justice authority shall, from the date of receipt of the application materials approved by the name in the 10th review, in line with the provisions of the alternative name, submitted to the Ministry of Justice name search.

    For all alternate names do not meet the requirements or comply with the provisions of the alternative name is less than five, it shall notify the applicant to choose again or event name alternatives.

    12th Ministry of Justice receive a firm alternative name material within 10th of complete name search, and retrieve the search results notice of province, autonomous region, or municipality directly under the administration of Justice.

    13th a province, autonomous region, or municipality directly under the administration of justice within 7th day after receipt of the results should be based on the results, issue to the applicant the law firm name approval notice on all alternative names are not in conformity with the provisions and shall in the notice State the reasons, names and inform the applicant to choose again.

    14th there are two or more applicants apply for the law firm approved by the same name, or similar, names should be handled according to the order of receipt of the application for approval. 15th pre-approved law firm name, introspection, autonomous region, municipality directly under the administration of Justice issued by the law firm name within six months from the date of the approval notice valid.

    The expiration of the law firm submitted an application for the children of established, approved by law firm name fail.

    During the term, without permission of the judicial administrative organs established by the law firm, pre-approved law firm name shall not be used.

    16th when applying for law firms to establish permit, the applicant shall submit the name of the law firm pre-approval notice.

    The province, autonomous region, municipality directly under the administration of Justice in the decision to approve a law firm approved using pre-approved names of law firms, and the licensing book and issued by the law firm be set forth in the license.

    Law firm name, location of the points established by the provinces, autonomous regions and municipalities directly under the judicial administrative organs established to approve the decision to approve. 17th law firm changes its name, should be approved in accordance with the provisions of these measures name.

    The provinces, autonomous regions and municipalities directly under the judicial administrative organs shall, according to law firm changes its name application and have been pre approved by law firm name, go through the law firm name change procedures.

    Law firms set up branches shall always name allowed to change the date of 30th, branch-establishment licensing authority for changing names.

    The fourth chapter the use of firm names

    Where the 18th law firm should be strikingly marked law firm name.

    19th law firm using the name engaged in the practice or other activity shall follow the principle of good faith, shall not violate the provisions of the laws, regulations and rules.

    20th law firm seal, bank account, signboard and correspondence papers, external promotional materials and our lawyers name used for the cards, you should use the names of law firms approved by the judicial administrative organs.

    Law firms in its issue of legal instruments and other documents used by name, use the same name should be approved by the authorities and the administration of Justice.

    Law firm since the name approved within one year from the date of the change, in this presentation, lawyers with a new name on the card when raised before the change of name.

    The 21st law firm using the name shall not authorize the use of the name or names in use or raise after "legal group", "Union of lawyers" and other text. Law firms according to business needs, will present the names translated into foreign languages. Law firm names in foreign languages, shall decide within 15th of the provincial, autonomous region, or municipality directly under the administration of justice authorities for the record.

    Foreign name violates the rules of translation, filing authority shall order the correct.

    The 22nd law firm has one of the following situations shall not apply for the name change:

    (A) was ordered to stop the punishment, the term has not expired;

    (B) the reasons for termination;

    (C) less than a year after the obtaining of permission, but organization or Division or merger except for the change.

    The fifth chapter law firm name of supervision and management

    The 23rd province, autonomous region, municipality directly under the administration of justice organs shall, in accordance with the law on lawyers, law firm management measures and regulations, go through the law firm name approval, law firms to set up licensing and law firm changes name approved name approved.

    Pre-approved name, name of the establishment licensing approval and approval to change the name, should be reported to the Ministry of Justice from the date of approval of 30th record.

    Law firm was written off because of termination shall be from the date of cancellation in the 30th, will be written off name of the law firm reported to the Justice Department filing.

    -Approved by the approval authority shall name or name decisions approved by the cancellation date or cancellation within 30th of CC establish branch offices of the law firm's auditing authorities.

    24th law firms allowed to change names, or termination was logged off, the change or cancellation before the use of the name, granted within three years from the date of the change or cancellation, judicial administrative organs of provinces, autonomous regions and municipalities shall not approve any other law firm.

    25th law firm violated the requirement to use the name, judicial administrative departments at the county level criticism, ordered corrective action and to supervise the implementation of its corrective action in serious cases, the local district, the municipal judicial administrative organs or downtown (County) of judicial administrative organs in accordance with the law and relevant regulations of the corresponding administrative punishments.

    26th judicial administrative body violates these measures provisions of law firm name approval or approval, the judicial administrative organs shall be ordered to correct at a higher level.

    The sixth chapter supplementary articles

    27th administrative division names mentioned in these measures refers to do not include "province", "autonomous regions", "municipality", "City", "County" or "district" where administrative titles, such as name.

    28th article of the law firm name pre-approved application form, the law firm name approval notice application form approved by the name change and the law firm and the law firm pre-approval notice of name change a rich text, shall be prescribed by the Ministry of Justice.

    29th Ministry of Justice to establish a national law firm name retrieval system, approved for handling law firm name provides name search service. 30th these measures shall come into force on March 1, 2010.

    Department of Justice released on February 22, 1995 the name of the law firm management policy (Ministry of Justice, 36th) repealed simultaneously. These measures prior to the implementation of the law firm name does not comply with the relevant provisions of the measures shall, within one year after the implementation of the present measures in accordance with the relevant provisions of the measures to be changed.