home page > Company online naming > Regulations on the Administration of Enterprise Name Registration

Regulations on the Administration of Enterprise Name Registration

Source: www.qierge.net Author: Qi Erge Time: 2022-10-12 13:17 View: 2342017

Regulations on the Administration of Enterprise Name Registration 。 The Regulations on the Administration of Enterprise Name Registration is formulated to standardize the administration of enterprise name registration, protect the legitimate rights and interests of enterprises, maintain social and economic order, and optimize the business environment. Issued by the State Administration for Industry and Commerce of the People's Republic of China on July 22, 1991, and implemented from September 1, 1991.

On November 9, 2012, it was revised for the first time by Decree No. 628 of the State Council of the People's Republic of China.

On December 28, 2020, it was revised for the second time by Decree No. 734 of the State Council of the People's Republic of China.

Regulations on the Administration of Enterprise Name Registration

(Issued by Order No. 7 of the State Administration for Industry and Commerce of the People's Republic of China on May 6, 1991, revised for the first time at the 118th executive meeting of the State Council on December 14, 2020 in accordance with the Decision of the State Council on Amending and Abolishing Some Administrative Regulations on November 9, 2012)

Article 1 These Provisions are formulated in order to standardize the administration of enterprise name registration, protect the legitimate rights and interests of enterprises, maintain social and economic order, and optimize the business environment.

Article 2 The market supervision and administration department of the people's government at or above the county level (hereinafter referred to as the enterprise registration authority) shall be responsible for the administration of the registration of enterprise names of enterprises established within the territory of China.

The market supervision and administration department under the State Council shall be responsible for the administration of enterprise name registration throughout the country, and shall be responsible for formulating specific norms for the administration of enterprise name registration.

The market supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for establishing a unified enterprise name declaration system and enterprise name database in their respective administrative regions, and opening them to the public.

Article 3 The enterprise registration authority shall constantly improve the standardization and facilitation of the management of enterprise name registration, and provide efficient and convenient services for enterprises and the masses.

Article 4 An enterprise can only register one enterprise name, which is protected by law.

Article 5 The enterprise name shall use standardized Chinese characters. The names of enterprises in national autonomous areas may simultaneously use the national languages commonly used in the national autonomous areas.

Article 6 The name of an enterprise shall consist of the name of the administrative division, shop name, trade or business characteristics, and organizational form. The names of enterprises operating across provinces, autonomous regions and municipalities directly under the Central Government may not include the names of administrative divisions; The name of an enterprise engaged in cross industry comprehensive operation may not include industry or business characteristics.

Article 7 The name of the administrative division in the name of an enterprise shall be the name of the local administrative division at or above the county level where the enterprise is located. When the name of a municipal district is used in the name of an enterprise, it shall be accompanied by the name of the administrative division of the city divided into districts to which it belongs. When the names of development zones, reclamation areas and other regions are used in the names of enterprises, they should be used together with the names of administrative divisions and should not be used alone.

Article 8 The font size in an enterprise name shall consist of two or more Chinese characters.

The name, trade or business characteristics of the local administrative division at or above the county level shall not be used as a shop name, unless otherwise defined.

Article 9 The trade or business characteristics in the name of an enterprise shall be indicated in accordance with the main business of the enterprise and the standards for the classification of industries in the national economy. If there is no provision in the national economic industry classification standard, it can be expressed with reference to industry customs or professional literature.

Article 10 An enterprise shall, according to its organizational structure or form of responsibility, indicate its organizational form in its name according to law.

Article 11 An enterprise name shall not be under any of the following circumstances:

（1） Damage to national dignity or interests;

（2） Damage to public interests or hinder public order;

（3） Use, or use in disguised form, the names of political parties, party, government and military organs, mass organizations and their abbreviations, specific titles and troop designations;

（4） Use the names of foreign countries (regions) and international organizations and their common abbreviations and specific titles;

（5） Content containing obscenity, pornography, gambling, superstition, terror and violence;

（6） Contents containing ethnic, racial, religious and gender discrimination;

（7） Violating public order and good customs or possibly having other adverse effects;

（8） The public may be deceived or misunderstood;

（9） Other circumstances prohibited by laws, administrative regulations and national regulations.

Article 12 Where the name of an enterprise is prefixed with the words "China", "China", "the Central Government", "the whole country", "the State", etc., it shall be strictly examined in accordance with the relevant provisions and submitted to the State Council for approval. The market supervision and administration department under the State Council shall be responsible for formulating specific administrative measures.

If the name of an enterprise contains the words "China", "China", "the whole country", "the country", etc., the words should be industry qualifiers.

The name of a wholly foreign-owned or holding foreign-invested enterprise that uses a foreign investor's shop name may contain the words "(China)".

Article 13 The name of an enterprise branch shall be prefixed with the name of its subordinate enterprise, and be prefixed with words such as "branch company", "branch factory", and "branch store". The branch of an overseas enterprise shall also indicate the nationality and form of responsibility of the enterprise in its name.

Article 14 The name of an enterprise group shall be consistent with the name of the administrative division, shop name, industry or business characteristics of the name of the holding enterprise. A holding enterprise may use the words "group" or "(group)" before the organizational form of its name.

Article 15 The name of an enterprise that has an investment relationship or has been authorized may include the name of another enterprise or the name of another legal person or unincorporated organization.

Article 16 The enterprise name shall be declared by the applicant independently.

The applicant may submit relevant information and materials through the enterprise name declaration system or at the service window of the enterprise registration authority, inquire, compare and screen the proposed enterprise name, and select the enterprise name that meets the requirements of these Provisions.

The information and materials submitted by the applicant shall be true, accurate and complete, and promise to bear legal liability according to law if its enterprise name infringes on the legitimate rights and interests of others because of its approximate enterprise name with others' enterprise name.

Article 17 In the same enterprise registration authority, the shop name in the enterprise name proposed by the applicant shall not be the same as the shop name in the following enterprise names in the same industry or without the use of industry or business characteristics:

（1） The enterprise name that has been registered or is within the retention period, except for those with investment relationship;

（2） The original enterprise name that has been cancelled or changed less than one year of registration, except for those with investment relationship or the name of the transferred enterprise;

（3） The original enterprise name whose registration of establishment has been revoked or whose registration of change has been revoked for less than one year, except for those with investment relationships.

Article 18 The enterprise registration authority shall retain the enterprise name submitted through the enterprise name declaration system for a period of two months. If the establishment of an enterprise should be reported for approval according to law or there are items in the business scope of the enterprise that must be approved before registration, the retention period is one year.

The applicant shall register the enterprise before the expiration of the retention period.

Article 19 Where an enterprise name is transferred or authorized to be used by others, relevant enterprises shall publicize it to the public through the national enterprise credit information publicity system according to law.

Article 20 If the enterprise registration authority finds that the enterprise name does not conform to these Provisions when it goes through the enterprise registration, it shall not register and shall state the reasons in writing.

If the enterprise registration authority finds that the registered enterprise name does not conform to these Provisions, it shall correct it in a timely manner. If other units or individuals believe that the registered enterprise name does not conform to these Provisions, they may request the enterprise registration authority to correct it.

Article 21 If an enterprise believes that other enterprise names infringe upon the legitimate rights and interests of its own name, it may file a lawsuit with the people's court or request the enterprise registration authority to handle the registration of the suspected infringing enterprise.

After accepting the application, the enterprise registration authority may conduct mediation; If mediation fails, the enterprise registration authority shall make an administrative ruling within three months from the date of acceptance.

Article 22 Where an enterprise uses its name to conduct acts such as unfair competition, it shall be dealt with in accordance with the provisions of relevant laws and administrative regulations.

Article 23 The use of an enterprise name shall comply with laws and regulations, be honest and trustworthy, and shall not harm the legitimate rights and interests of others.

If the people's court or the enterprise registration authority determines that the use of the enterprise name should be stopped according to law, the enterprise shall, within 30 days from the date of receiving the effective legal document from the people's court or the decision of the enterprise registration authority to deal with it, register the change of the enterprise name. Before the name is changed, the enterprise registration authority shall replace its name with a unified social credit code. If the enterprise fails to go through the alteration registration within the time limit, the enterprise registration authority shall list it in the directory of abnormal business operations; After completing the change of registration, the enterprise registration authority will remove it from the abnormal operation list.

Article 24 Where an applicant violates these Provisions by registering or using an enterprise name, he shall be punished in accordance with the provisions of the relevant laws and administrative regulations on enterprise registration.

If the enterprise registration authority registers an enterprise name that does not conform to these Provisions, or does not register an enterprise name that conforms to these Provisions, the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions according to law.

Article 25 The name registration administration of specialized farmers cooperatives and individual businesses shall be implemented with reference to these Provisions.

Article 26 These Provisions shall come into force as of March 1, 2021. [1]