According to Article 3 of the Regulations on the Administration of Enterprise Name Registration, when an enterprise applies for registration, it shall be approved by the enterprise name registration authority. The enterprise name can be used only after it has been approved and registered, and it enjoys the exclusive right within the prescribed scope.
Article 4 The competent authorities for enterprise name registration (hereinafter referred to as the registration authority) are the State Administration for Industry and Commerce and local administrations for industry and commerce at various levels. The registration authority approves or rejects the application for enterprise name registration, supervises and manages the use of enterprise names, and protects the exclusive right to use enterprise names.
The registration authority shall, in accordance with the Regulations of People's Republic of China (PRC) Municipality on the Administration of the Registration of Enterprise Legal Persons, implement the hierarchical registration administration of enterprise names. The name of a foreign-invested enterprise shall be approved by the State Administration for Industry and Commerce.
Article 6 An enterprise is only allowed to use one name, and it shall not be the same as or similar to the name of a registered enterprise in the same industry within the jurisdiction of the registration authority.
If there are special needs, with the approval of the registration authority at or above the provincial level, enterprises can use subordinate names within the prescribed scope.
According to Article 35 of the Regulations on the Administration of Enterprise Name Registration, the pre-approved enterprise name shall not be used for business activities or transfer within the validity period.
Before the enterprise name is changed, it shall not engage in business activities or transfer the changed enterprise name approved by the Notice of Approval of Enterprise Name Change.
Article 36 An enterprise shall indicate its name in its domicile.
Article 37 The name of the enterprise used on the seal, bank account and letterhead shall be consistent with the name on the business license.
Article 38 The name of an enterprise used in legal documents shall be the same as the name in the business license of the enterprise.
Article 39 An enterprise shall follow the principle of good faith when using its name.
Extended data:
According to Article 21 of the Measures for the Administration of Enterprise Name Registration, only one enterprise name is allowed to be indicated on the business license of an enterprise.
Article 22 The establishment of a company shall apply for pre-approval of its name.
Where laws and administrative regulations stipulate that the establishment of an enterprise must be submitted for examination and approval, or there are items in the business scope that must be submitted for examination and approval according to laws and administrative regulations, the enterprise name shall be pre-approved before being submitted for examination and approval, and the enterprise name approved by the administrative department for industry and commerce shall be submitted.
The establishment of other enterprises can apply for pre-approval of the name.
Article 23 To apply for pre-approval of enterprise name, all investors, partners and cooperators (hereinafter referred to as investors) shall designate representatives or entrust agents to submit the application for pre-approval of enterprise name to the administrative department for industry and commerce with the jurisdiction of name approval.
The application for pre-approval of enterprise name shall specify the enterprise name (optional name may be specified), domicile, registered capital, business scope, investor's name, investment amount and investment proportion, authorization opinion (name, authority and time limit of designated representative or entrusted agent), and shall be signed and sealed by all investors.
The application for pre-approval of enterprise name shall be accompanied by a copy of the identity card of the designated representative or entrusted agent.
Article 24 Where an application for pre-approval of an enterprise name is made directly to the administrative department for industry and commerce, the administrative department for industry and commerce shall make a decision on approval or rejection of the enterprise name applying for pre-approval.
If approved, a Notice of Pre-approval of Enterprise Name shall be issued; If it is rejected, a Notice of Rejection of Enterprise Name shall be issued.
Apply for pre-approval of enterprise name by mail, fax, electronic data interchange, etc. In accordance with the provisions of the enterprise registration procedures.
Article 25 Where an enterprise applies for registration of establishment and its name has been pre-approved, it shall submit a notice of pre-approval of its name.
The establishment of an enterprise name involves the examination and approval prescribed by laws and administrative regulations. If the approval document is not submitted, the registration authority shall not register it with the pre-approved enterprise name.
If the pre-approval of enterprise name and enterprise registration are not handled by the same administrative department for industry and commerce, the registration authority shall, within 30 days from the date of enterprise registration, send the relevant registration materials to the administrative department for industry and commerce that approved the enterprise name for the record.
Article 26 An enterprise that changes its name shall apply to the registration authority for registration of change.
Where the name of the enterprise applying for change is under the jurisdiction of the registration authority, the registration authority shall directly handle the registration of change.
If an enterprise applies for changing its name, which is not under the jurisdiction of the registration authority, it shall be handled in accordance with the provisions of Article 27 of these Measures.
Within 30 days from the date of approval of the enterprise name change registration, the enterprise shall apply for the registration of the name change of its branch.
Article 27 If the application for registration of enterprise name change, enterprise registration and enterprise name approval are not in the same administrative department for industry and commerce, the enterprise registration authority shall make a preliminary examination of the enterprise name to be changed, and put forward opinions on approving the enterprise name change to the administrative department for industry and commerce with name jurisdiction.
The approval letter of enterprise name change shall specify the original enterprise name, the name of the enterprise to be changed (alias), domicile, registered capital, business scope, the name of the investor, the examination opinions of the enterprise registration authority, and affix the official seal.
The administrative department for industry and commerce with name jurisdiction shall make a decision of approval or disapproval within 5 days after receiving the approval letter of enterprise name change. If it is approved, it shall issue a Notice of Approval of Enterprise Name Change; If it is rejected, a Notice of Rejection of Enterprise Name shall be issued.
The registration authority shall, within 30 days from the date of approval of the change of enterprise name, send the relevant registration materials to the administrative department for industry and commerce for the record.
Article 28 The pre-approval of company name and the approval of company name change shall be valid for 6 months, and the approved name shall automatically become invalid upon expiration of the validity period.
Article 29 Where the right to operate the relevant business is revoked and its name indicates the business, the enterprise shall apply to the registration authority for changing its name and other registered items within 1 month from the date when the right to operate the business is revoked.
Article 30 If an enterprise goes through the cancellation of registration or its business license is revoked, and its name is approved by other administrative departments for industry and commerce, the registration authority shall send the written approval for cancellation of registration or the written decision on administrative punishment to the administrative department for industry and commerce that approved the name of the enterprise for the record.
Article 31 An enterprise name shall not be approved under any of the following circumstances:
1. It is the same as the name of an enterprise in the same industry approved or registered by the same administrative department for industry and commerce, except that it has an investment relationship.
2. It has the same name as the enterprise approved and registered by the same administrative department for industry and commerce in accordance with Article 18 of these Measures, except that it has an investment relationship.
3. Same as the original name changed by other enterprises less than 1 year ago.
4. It is the same as the name of the enterprise whose registration has been cancelled or whose business license has been revoked for less than 3 years.
5. Other acts violating laws and administrative regulations.
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