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1、Measures for The Implementation of Administration of Enterprise Name Registration(Decree No.93 of the State Administration for Industry and Commerce The Measures for the Implementation of Administration of Enterprise Name Registration has been adopted by the standing meeting of the State Administrat
2、ion for Industry and Commerce, are hereby promulgated and shall enter into force on January 1, 2000. Director general of the State Administration for Industry and Commerce: Wang Zhongfu December 8, 1999)Chapter I General ProvisionsArticle 1 These Measures are formulated in order to strengthen and pe
3、rfect administration of enterprise name registration, protect lawful rights and interests of owners of enterprise names, and maintain a fair competition order in accordance with the Provisions on Administration of Enterprise Name Registration and relevant laws, administrative regulations.Article 2 T
4、hese Measures are applicable to registration of enterprise names of enterprise legal persons and enterprises unqualified as legal persons by administrative organs for industry and commerce. Article 3 Enterprises shall select their own names and apply for registration according to law. Enterprises en
5、joy name rights from the date of establishment. Article 4 Administrative organs for industry and commerce at various levels shall approve and register enterprise names according to law. Enterprise names registered beyond power limit shall be rectified. Article 5 Administrative organs for industry an
6、d commerce shall carry out administration of enterprise name registration at different levels. The State Administration for Industry and Commerce takes charge of nationwide administration of enterprise name registration, and is responsible for approval of the following enterprise names:(1) those pre
7、ceded by such words as Zhongguo orZhonghua (both mean China) or Guajia (State) or Guoji (international);(2) those using such words as Zhongguo or Zhonghua (both mean China) or Guojia (State) or Guoji (international);(3) those excluding administrative division.Local administrative organs for industry
8、 and commerce are responsible for the approval of the following enterprise names other than those stipulated in the preceding paragraph:(1) those preceded by administrative division at the same level;(2) those conforming to those including the same administrative division in Article 12 of these Meas
9、ures. The administrative organs for industry and commerce with rights to approve names of foreign investment enterprises authorized by the State Administration for Industry and Commerce approve names of foreign investment enterprises according to these Measures. Chapter II Enterprise NamesArticle 6
10、Names of enterprise legal persons may not include names of other legal persons unless otherwise provided for by the State Administration for Industry and Commerce. Article 7 The name of an enterprise may not include the name of another enterprise. The name of an enterprises branch shall be preceded
11、by the name of the enterprise to which it is affiliated. Article 8 Enterprise names shall be in Chinese characters which conform to the norms of the State, may not use foreign words, the Chinese phonetic alphabet or Arabic numbers.Where names of enterprises need to be translated into foreign languag
12、es, the enterprises will translate them by themselves according to the word translation principles, need not to report them to administrative organs for industry and commerce for approval and registration. Article 9 An enterprise name shall be composed of administrative division, the shop name, trad
13、e and organizational form in proper order except as otherwise provided for by law, administrative regulations and these Measures. Article 10 Except the enterprises the establishment of which is decided by the State Council, enterprise names shall not be preceded by such words as Zhongguo or Zhonghua
14、 (both mean China) or Guajia (State) or Guoji (international). Where such words as Zhongguo or Zhonghua (both mean China) or Guajia (State) or Guoji (international) are used in the middle of the enterprise names, such words shall be attributive words to the trade. Foreign-capital enterprises which u
15、se the shop names of the enterprises funded by the investments from a foreign country(region) may use the word (China).()Article 11 The administrative division in an enterprise name is the name or place name of the administrative division of area at the place where such enterprise is located at or a
16、bove the county level. A name of a district under a city may not be used separately as the administrative division in an enterprise name. An enterprise name using a district under a city together with the name of the city administration division shall be approved by the administrative organ for indu
17、stry and commerce of the city. An enterprise name used together with the administrative division of a province, city or county shall be approved by the administrative organ for industry and commerce of the administrative area at the highest level. Article 12 Enterprise legal persons meeting the foll
18、owing conditions may place the administrative division in the names after the shop names and before the organizational forms. (1) where the shop names of the holding enterprises are used;(2) where such the names of holding enterprises exclude administrative division. Article 13 Upon approval of the
19、State Administration for Industry and Commerce, enterprise legal persons meeting one of the following conditions may use enterprise names which exclude administrative division:(1) where the approval is conducted by the State Council;(2) where the registration is conducted by the State Administration
20、 for Industry and Commerce;(3) where the registered capital (or registered fund) is not less than 50000000 yuan;(4) where it is stipulated by the State Administration for Industry and Commerce otherwise. Article 14 A shop name in an enterprise name shall be composed of more than two Chinese characte
21、rs. An administrative region may not be used as a shop name, unless the place name of an administrative region at or above the county level has other meanings. Article 15 An enterprise name may use the name of a natural person investor as the shop name. Article 16 The sector expression in an enterpr
22、ise name shall be the terms reflecting the nature of economic activities of the enterprise which belong to the national economy sector or enterprise business characteristics. The contents of the sector expression in an enterprise name shall conform to the business scope of the enterprise. Article 17
23、 Where the nature of economic activities belong to the different big classifications of the national economy sector, the terms of the classifications of the national economy sector to which the nature of economic activities belong shall be chosen to express the sector in the enterprise name. Article
24、 18 Where the terms of the classifications of the national economy sector are not used to express the sector in which an enterprise is engaged, the following conditions shall be met:(1) where the nature of economic activities of the enterprise belong to more than five big classifications of the nati
25、onal economy sector;(2) where the registered capital (or registered fund) is more than 100000000 yuan or is the parent company of the enterprise group;(3) where the shop names of the enterprise name approved or registered by the same administrative organ for industry and commerce are different.Artic
26、le 19 An enterprise may use the name of a country (region) or the place name of the administrative division at or above the county level after the shop name in the name to reflect its business characteristics. The place name above shall not be deemed as an administrative division in an enterprise na
27、me. Article 20 An enterprise name shall not explicitly or implicitly have the business exceeding its business scope. Chapter III Registration of Enterprise NamesArticle 21 Only one enterprise name shall be permitted to be indicated on the enterprise business license. Article 22 Anyone who intends to
28、 establish a company shall apply for an approval of a name in advance. Where establishment of an enterprise must be submitted for examination and approval as stipulated by laws and administrative regulations or there are items which must be examined and approved as stipulated by laws and administrat
29、ive regulations in its business scope, the enterprise name approval in advance must be handled before submission for examination and approval, and the enterprise name approved by the administrative organ for industry and commerce shall be used for submission for examination and approval. Anyone who
30、intends to establish other enterprises may apply for an approval of a name in advance. Article 23 For applying for approval of an enterprise name in advance, the appointed representative or authorized agents by all the contributors, partners or cooperators(hereinafter referred uniformly to as invest
31、ors) shall submit the following documents to the administrative organ for industry and commerce having jurisdiction over name approval:(1) an application for approval of an enterprise name in advance signed by all the investors, which specifies such contents as the name of the enterprise(a candidate
32、 name may be specified) to be established, address, the business scope, registered capital(or registered fund), tides or names of the investors and amount of contribution;(2) certificates on the appointed representative or authorized agent signed by all the investors;(3) qualifications certificates
33、of the appointed representative or authorized agent;(4) qualifications certificates of all the investors; and(5) other documents which the administrative organ for industry and commerce requires to submit. Article 24 The administrative organ for industry and commerce shall make a decision of approva
34、l or rejection of the application for approval of the enterprise name in advance within ten days from the date of acceptance. If an approval is conducted , an Enterprise Name Approval in Advance Notice will be issued; if an approval is not conducted, an Enterprise Name Rejection Notice will be issue
35、d. Article 25 Where an enterprise establishment registration is applied and the approval of the enterprise name has been conducted, an Enterprise Name Approval in Advance Notice shall be submitted. Where the name of the enterprise to be established involves the provisions of laws and administrative
36、regulations under which a report for examination and approval must be made and the document of the examination and approval can not be submitted, the registration organ shall not register the enterprise name approved in advance. Where the approval of the enterprise name in advance and registration o
37、f the enterprise are not conducted at the same administrative organ for industry and commerce, the registration organ shall, within 30 days from the date of registration of the enterprise, send the relevant registration information to the administrative organ for industry and commerce approving the
38、enterprise name for the record. Article 26 An enterprise that intends to change its name shall apply to the registration organ for change registration. Where the name applied for change by an enterprise is subject to the jurisdiction of the registration organ, the registration organ shall handle the
39、 change registration directly. If the original enterprise name was approved by another administrative organ for industry and commerce, the registration organ shall, within 30 days from the date of approval of registration of the enterprise, send the relevant registration information to the administr
40、ative organ for industry and commerce approving the original enterprise name for the record. Where the name applied for change by an enterprise is not subject to the jurisdiction of the registration organ, the matter shall be handled in accordance with the provisions of Article 27 of these Measures.
41、 An enterprise shall, within 30 days from the date of approval of the enterprise name change registration, apply for undertaking registration in change of the names of its branches.Article 27 Where the name applied for change by an enterprise is not subject to the jurisdiction of the registration or
42、gan, the matter shall be handled in accordance with the following provisions:(1) The enterprise shall apply to the registration organ for change registration, and submit the following documents:(i) a written application for the enterprise name change;(ii) the Article of associations of the enterpris
43、e;(iii) a duplicate copy of the business license; and(iv) other relevant documents.(2) The registration organ shall submit the following documents to the administrative organ for industry and commerce having jurisdiction over name approval:(i) the examination opinion of the said organ on the name th
44、e enterprise intends to change;(ii) the documents listed in the preceding paragraph, of which the duplicate copy of thebusiness license shall be affixed to the seal of the registration organ.(3) The administrative organ for industry and commerce shall, within ten days from receipt of the materials s
45、ubmitted, shall make a decision of approval or rejection of the applied enterprise name in advance. If an approval is conducted, an Enterprise Name Change Approval Notice will be issued; if an approval is not conducted, an Enterprise Name Rejection Notice will be issued. (4) The registration organ s
46、hall make a decision of approval or rejection of the change registration of the enterprise name within the time limit stipulated by laws and administrative regulations after receipt of the Enterprise Name Change Approval Notice or the Enterprise Name Rejection Notice. Where change of the name of the
47、 enterprise involves the provisions of laws and administrative regulations under which a report for examination and approval must be made and the document of the examination and approval can not be submitted, the registration organ shall not handle the change registration of the enterprise name appr
48、oved by the Enterprise Name Change Approval Notice.(5) The registration organ shall, within 30 days from the date of approval of the change registration of the enterprise name, send the relevant registration information to the administrative organ for industry and commerce approving the enterprise n
49、ame for the record. Article 28 The period of validity for an enterprise name approved by the Enterprise Name Change Approval Notice shall be six months and will be cease to be valid automatically at the expiry of the period of validity. Article 29 When the relevant business operation right of an enterprise has been cancelled and its name also reflects such business, t