Individual Business Name Registration Management

Original Language Title: 个体工商户名称登记管理办法

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Individual business name registration management

    (Released December 31, 2008, State administration for industry and commerce, the 38th since as of April 1, 2009) first in order to strengthen individual business name registration management, regulate the use of individual industrial and commercial household name, protect legal rights of operators and consumers, protect the legitimate rights of individual industrial and commercial household names all, in accordance with the relevant laws and administrative regulations, these measures are formulated. Second individual businesses may not use the name.

    Individual industrial and commercial households decided to use the name, the name registration procedures apply.

    Article III of the State administration for industry and Commerce charge individual business name registration and administration throughout the country.

    The province, autonomous region and municipality directly under the administration of industry and commerce is responsible for the name registration and administration of individual businesses in the region. The County (City) Administration for industry and commerce, and urban Administration Bureau for industry and commerce is the individual business name registration authority.

    Registration authorities can delegate administration for industry and commerce registration authority on behalf of individual business name registration.

    Article fourth registration authorities to rectify inappropriate individual industrial and commercial household names that have been registered, authorities have the right to correct the inappropriate lower bodies registered individual names.

    Article fifth individually decided to use the name, an application shall be submitted to the registration authority, registered and approved before use.

    A individual businesses will only be allowed to use a name.

    Sixth individual industrial and commercial household name, size, sector, organization composed by administrative division. Seventh individual administrative divisions in the name refers to the individual counties (cities), and the district name.

    Administrative divisions can be decorated to individual undertakings after the location of towns, streets and villages, communities, marketing name.

    Article eighth names can be used as individual businesses in the name of the font size used.

    Administrative divisions above the county level shall not be used for font size, except for the names of administrative divisions have other meanings.

    Nineth individual industry should be reflected in the name of its principal business activities or business characteristics, should refer to the classification of industries of the national economy it is industry, small industry category name or specific business projects.

    Tenth individual business name forms that can selection "factory", "store", "Hall", "Department", "row", "Center", the words ", but may not use" enterprise "," company "and" farmers ' professional cooperatives ".

    11th individual name shall not contain the following text:

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

    (B) violating social customs, lack of respect for ethnic and religious practices;

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

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

    (E) the name of the party name, party organs, mass organizations names, organization names and their abbreviations, code designation;

    (F) "China" or "Chinese", "national" and "national", "international" words;

    (G) the Hanyu Pinyin, English, foreign language and punctuation;

    (VIII) do not meet the national standard of language;

    (IX) other contents prohibited by laws, regulations, and text. 12th individual business name registration application, covering the operation of front license registration shall apply for name pre-approval.

    The name of the applicant shall be approved by the registration authority submitted to the relevant departments of earlier approval procedures.

    Scope of operation does not involve the front license may apply for name pre-approval, or you can apply together with the individual establishment or change of registration.

    Registration name prior approval, and shall not charge a fee.

    Article 13th individual business name prior approval, by the applicant or where the applicant has appointed a representative to the premises registration authority to submit the following documents:

    (A) individual application of pre-approval of name;

    (B) the identity of the operator;

    (Iii) principal-agent should also submit a power of Attorney and agent identification. Article 14th individual business name prior approval application, the registration authority shall make a decision of approval or rejection of applications.

    Approved and registered, shall be given to the individual business name prior approval written notice; rejected the application, shall be given to the individual business name a notification of refusal, and give reasons for their rejection to the applicant.

    Of individual business name registration entrusted by the Administration for industry and commerce, could not legally take a decision on the spot, shall make a decision of approval or rejection within the 5th. 15th individual business name of pre-approved retention period of 6 months. Expiry of the reservation, of individual businesses set up or change registration applicants have not, pre-approved names automatically invalidated.

    Applicant in the registration office in writing within 1 month before the expiration of the retention period applied for an extension, the registration authority approved the retention period can be extended by 6 months.

    Individual business name of pre-approved retention period may not be transferred, shall not be used for business activities.

    16th individual intends to change the name of the article, it should be registered with the registration authority for the name change.

    Individual business name should be subject to administrative license may operate in projects for administrative license revocation, revocation or expiry shall not engage in the business activities, administrative license shall be revoked and the revocation or expiration date apply for registration of change of name to the original registration organ within the 30th.

    17th where two and two more claimants to the same registration authority for registration of the same individual industrial and commercial household name, approved by the registration authority in accordance with the principle of earlier.

    18th in the same registration authority within the jurisdiction of individual industrial and commercial household name to apply for any of the following circumstances shall not be registered:

    (A) registered or pre-approved companies, individual businesses have the same name;

    (Ii) with other corporate name change original name under 1 years of age;

    (C) the business license has been revoked for less than 3 years of business or business license is revoked under 1-year individual of the same name;

    (D) same as business name deregistration under 1 year.

    19th individual industrial and commercial household name plaque can be simplified, but not to the public deception or misunderstanding.

    20th individual industrial and commercial households have one of the following acts, the Administration for industry and commerce shall order rectification are serious, fined a maximum of 1000:

    (A) business covering the registration front license is revoked shall not engage in any business, but its name shows that are still in the business, is not within the time stipulated in the application for registration of name change;

    (Ii) unauthorized use of other people already registered market participant name, or any other conduct violating the right to market names.

    21st registration authority imposed or force individual businesses using the name in a disguised form, does not meet the requirements of individual business name registration applications for registration, or to meet the requirements of individual business name registration application is not registered, to managers directly responsible and other persons directly responsible shall be investigated for criminal responsibility.

    22nd individual business name dispute resolution procedure, mutatis mutandis, the relevant implementation measures on the administration of Enterprise name registration requirements.

    Article 23rd instruments relating to individual business name registration management model formulated by the State administration of industry and commerce.

    Article 24th province, autonomous region and municipality directly under the administration of industry and commerce can be combined with the actual situation of the region, in accordance with these measures, formulate specific implementing measures. 25th article this way come into force on April 1, 2009.

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