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Enterprise Name Registration Administration Implementing Measures (Amended 2004)

Original Language Title: 企业名称登记管理实施办法(2004年修正本)

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(December 8, 1999 93rd June 14, 2004, SAIC SAIC 10th amendments come into force on July 1, 2004) Chapter I General provisions article in order to strengthen and improve the Enterprise name registration administration, protect all legitimate rights and interests of enterprise names, maintaining fair competition, in accordance with the provisions on administration of Enterprise name registration and relevant laws and administrative regulations, these measures are formulated.
    Second approach applies to the administrative organ for industry and Commerce registered enterprises and does not have the name of the legal personality of the company.
    Article Enterprise shall select its own name and apply for registration.
    Has the right to name the date of establishment of the enterprise.
    Article industrial and commercial administrative organs at all levels should be in accordance with approved and registered company names.
    Enterprise names registered beyond power should be corrected. Fifth industrial and commercial administrative organs of the administration of registration of business name grading.
    National Business Administration General competent national enterprise name registration management work, and is responsible for approved following enterprise name: (a) dubbed "China", and "Chinese", and "national", and "national", and "international", words of; (ii) in name Middle using "China", and "Chinese", and "national", and "national", words of; (three) not containing administrative divisions of.
    Approved by the local administration for industry and commerce are responsible for the following enterprise names other than those stipulated in the preceding paragraph: (a) as administrative divisions at the same level, (ii) a 12th of these measures contain administrative divisions at the same level.
    SAIC awarded right of approval of foreign-invested enterprises registered foreign-funded enterprises approved by the administration of industry and commerce in accordance with the means name.
    Chapter name sixth corporate name must not contain any other name of the legal person, except otherwise provided by the State administration for industry and commerce.
    Seventh in an enterprise name shall not contain another business name.
    Enterprise Branch Office name shall be preceded by the name of the subordinate enterprises.
    Eighth business name should be used in accordance with the State standard Chinese characters, Chinese phonetic alphabet, Arabic numerals shall be used.
    Business name need to be translated into foreign languages, used by the enterprise itself in relation to the text translation translation, no registration approved by the administration of industry and commerce.
    Nineth Enterprise names shall be by administrative divisions, size, sector, organization composed, laws, administrative regulations, and except as otherwise provided in this way.
    Article tenth enterprise established by decision of the State Council, corporate name shall not be called "China" or "Chinese", "national" and "national", "international", the words ".
    In the middle name "China" or "Chinese", "national" and "national", "international", the words, the words should be the industry's qualification.
    The use of foreign (region) enterprises funded by the size of foreign-owned enterprises, foreign-controlled enterprises with foreign investment, can be used in the middle name "(China)".
    In the name of the 11th administrative divisions at or above the county level administrative division is the seat of the enterprise of a name or a place name. District name alone cannot be used as a corporate name in the administrative division.
    District name and city name used for the Administrative Division, and approved by the municipal administration for industry and commerce.
    Administrative Division at the provincial, city and County used the business name, approved by the District Administration for industry and Commerce at the highest level.
    12th to the following conditions of the corporate enterprise, administrative divisions in the name can be placed after the size, before the Organization: (a) use the holding company name of font size, (ii) the name of the holding company excluding administrative divisions.
    13th approved by the State administration for industry and commerce, in line with the enterprise, one of the following conditions, you can use the name of the enterprise without administrative divisions: (a) the approval of the State Council, (ii) of the State administration for industry and commerce registration, (iii) the registered capital (or registered capital) of not less than 50 million Yuan (iv) provisions of State administration for industry and commerce.
    Font size in the article 14th name should consist of 2 or more words.
    Administrative Division shall not be used for font size, except for the names of administrative divisions above the County has other meanings.
    15th Enterprise name you can use the names of the natural investor as its shop.
    16th enterprise of industry representation in the name should reflect the nature of economic activities of enterprises economic sector or business characteristics of the language.
    Enterprise name industries in terms of content should be consistent with the scope of business.
    Article 17th nature of economic activities of enterprises belonging to different categories of the national economy, you should select mainly economic nature of the activity of their respective sectors of the national economy in the term name.
    18th article Enterprise name in the not using economy industry category terms expressed enterprise by engaged in industry of, should meet following conditions: (a) Enterprise economic activities nature respectively belongs to economy industry 5 a above big class; (ii) enterprise registered capital (or registered funds) 100 million Yuan above or is group of mother company; (three) and same business administration organ approved or registration registered of Enterprise name in the font size not same.
    19th, to reflect its business features, you can name the font size used in countries (regions) name or the names of administrative divisions above the county level.
    These names are not considered administrative divisions in the company name.
    20th Enterprise name should not express or implied beyond its scope of business.
    Chapter III registration of Enterprise name 21st Enterprise only shall be marked in the business license of a corporate name.
    Established by article 22nd company shall apply for name pre-approval.
    Legal, administrative regulations, provides for the establishment of enterprises must be reported to the approval or business scope in the legal and administrative regulations must be reported to the approval of the project, should be submitted for approval before the Enterprise name pre-approval and the Enterprise name approved by the administration of industry and Commerce submitted for approval.
    To establish other enterprises may apply for name pre-approval.
    23rd applicant business name prior approval by all sponsors, partners, collaborators (hereinafter investors) appointed representative or authorized agent, the jurisdiction approved by the name of industrial and commercial administrative organs to submit requests for approval of Enterprise name in advance.
    Enterprise name pre-approval application shall set forth the name of the enterprise (can specify an alternative name), domicile, registered capital, business scope, investors title or name, investment and investment ratios, authorization (appointed representative or authorized agent name, permissions, and term), and by all the investors signed and sealed.
    Should be pasted on the Enterprise name pre-approval application for designated representatives or authorized agent ID card copy. 24th directly to the administrative authorities for industry and commerce business name prior approval, the administrative organ for industry and commerce shall apply for pre-approved company name approval or rejection decision.
    Approval, issued under the business name prior approval written notice; to be rejected, to the corporate name of a notification of refusal.
    By mail, fax, electronic data interchange and other means apply for pre-approved company name, in accordance with the enterprise implementation of registration procedures.
    Section 25th establishment, for a business name prior approval shall submit the business name prior approval written notice.
    Enterprise names involving law and administrative regulations must be reported to the approval file could not be submitted for approval, the registration authority shall not be registered in the Enterprise name pre-approval.
    Business name prior approval and registration of enterprises is not covered by the same administrative organ for industry and commerce, the registration organ shall, from the date of registration of enterprises in the 30th, to send the relevant registration of the Enterprise name approved by industrial and commercial administrative organ for the record.
    Article 26th corporate name change, shall be filed with the registration authority for the registration of changes.
    Application to change the name of the enterprise, under the jurisdiction of the registration authority, the registration authority shall register such changes directly.
    Application to change the name of the enterprise, not within the jurisdiction of the registration authority, according to the article 27th regulations.
    Within 30th of registered corporate name change approved, corporate name change registration shall apply for a branch.
    27th apply for registration of the corporate name change, company registration and corporate name approved is not covered by the same administrative organ for industry and commerce, Enterprise registration authority shall set forth the Enterprise intends to change the name of the first trial, and industrial and commercial administrative organs to submit the name of jurisdiction the corporate name change approved submissions. Corporate name change approved submissions shall be stated on the original name, proposed change of company name (alternate name), domicile, registered capital, business scope, investors title or name, Enterprise registration authority to review, and seal.
    Name administration for industry and Commerce authority of competent jurisdiction upon receipt of submissions approved by the corporate name change, you should make a decision of approval or rejection within 5th, approved and issued the notification of name change approved; dismissed, to the corporate name of a notification of refusal.
    Registration authority shall, in the approved corporate name change from the date of registration in the 30th, to send the relevant registration of the Enterprise name approved by industrial and commercial administrative organ for the record.
    28th company name pre-approval and company name change approved for a period of 6 months, expiration of the approved name automatically invalidated.
    Right to the 29th business enterprises were revoked, and its name indicates that the business enterprises should be abolished within 1 month from the date on which the right to operate the business, such as registration authority for the change of company name registration.
    30th enterprises for cancellation of registration or business license is revoked, if their names are approved by the Administration for industry and commerce, the registration authority shall approve the cancellation of registration or administrative punishment decision letter sent to approve the name of industrial and commercial administration authorities for the record. 31st company name has one of the following situations shall not be approved:

    (A) and same business administration organ approved or registration registered of industry enterprise name font size same, has investment relationship of except; (ii) and same business administration organ approved or registration registered meet this approach 18th article of Enterprise name font size same, has investment relationship of except; (three) and other enterprise change name not full 1 years of original name same; (four) and cancellation registration or was revoked license not full 3 years of Enterprise name same; (five) other violation legal, and administrative regulations of.
    32nd industrial and commercial administrative organs shall establish an enterprise name registration files.
    33rd article Enterprise name pre-approval notice, the corporate name change approval notice, and the corporate name of a notification of refusal and business name registration form model formulated by the State administration of industry and commerce.
    Article 34th foreign (regional) Enterprise name, based on our participation in international conventions, agreements, treaties and other relevant provisions for protection.
    Fourth chapter article 35th of the Enterprise name pre-approval of name within the period of validity shall not be used for business activities, shall not be transferable.
    Corporate name change, before the registration authority for registration of change, you may not use the corporate name change on your approval notice of approval of change of corporate name to engage in business activities, shall not be transferable.
    36th Enterprise shall indicate the business name at the residence.
    37th Enterprise for seal, bank account, letterhead used by business name should be same as the name and the business license of the enterprise.
    Article 38th legal instruments use the company name, it should be with the same name as the business license of the enterprise.
    39th Enterprise name shall follow the principle of good faith.
    Fifth chapter regulatory and dispute settlement article 40th industrial and commercial administrative organs at all levels on activities in the jurisdiction of regional enterprises using the business name, shall supervise and management.
    41st has already registered a business name, to the public in the use of deception or misunderstanding, or prejudice the legitimate interests of others, should be recognized as inappropriate Enterprise name corrected.
    42nd due to the name dispute with others, may apply to the Administration for industry and commerce, may also bring a lawsuit.
    Article 43rd request when name dispute administrative departments for industry and commerce shall be to the approval of the industrial and commercial administrative organs to submit other names the following materials: (a) the application; (b) the qualifications of the applicant, (iii) evidentiary material and (iv) other related material.
    The application shall be signed by the applicant and shall record the applicant and respondent, name the facts of the dispute and the reason for, the request, and so on.
    Agency shall also submit a power of Attorney and the client certificate.
    44th article business administration organ accepted Enterprise name dispute Hou, should by following program in 6 months within made processing: (a) check applicants and was applicants Enterprise name registration registered of situation; (ii) survey verified applicants submitted of material and about dispute of situation; (three) will about name dispute situation written told was applicants, requirements was applicants in 1 months within on dispute problem submitted written views; (four) according to protection industrial property of principles and Enterprise name registration management of about provides made processing.
    Sixth chapter supplementary articles article 45th following needs in industry and commerce administration authorities for registration of the name refer to the provisions on administration of Enterprise name registration and these rules shall apply to: (a) name of the group, its composition: administrative divisions + size + industry + "group"; (b) other provisions need to be registered with the industrial and commercial administration authorities for the name of the organization.
    Article 46th Enterprise name pre-approval application and submissions by the State administration for industry and Commerce approved by the corporate name change uniformly made and standard format text, local industrial and commercial administrative organs in accordance with the standard format for printed text.
    47th article of the rules take effect on July 1, 2004.
    Commerce on implement straddling Enterprise name registration management provides about problem of notification (business enterprises word [1991] No. 309,), and on implementation straddling Enterprise name registration management provides about problem of added notification (business enterprises word [1992] No. 283,), and on foreign investment enterprise name registration management about problem of notification (business enterprises word [1993] 152th,) while abolition.
                                                                                                                                Circular of the State administration for industry and commerce in other documents relating to corporate names provisions, and the provisions on administration of Enterprise name registration and contravention of this approach, and failure.