企业名称登记管理规定 PROVISIONS ON ADMINISTRATION OF ENTERPRISE NAME REGISTRATION

国家工商局第7号令
（Approved by the State Council on May 6， 1991 and promulgated by Decree No. 7 of the State Administration for Industry and Commerce on July 22， 1991）
颁布日期：19910722 　实施日期：19910901 　颁布单位：国家工商局

　　Article 1 These Provisions are formulated in order to strengthen the administration of enterprise name， protect lawful rights and interests of enterprises， and maintain social and economic order.

　　Article 2 These Provisions are applicable to enterprises qualified as legal persons or required to be registered according to law within China's territory.

　　Article 3 An enterprise name， when being applied for registration by an enterprise， shall be examined and approved by the competent registration authorities. An enterprise name can be used only after it has been approved and registered， and an exclusive right to its use shall be enjoyed within a prescribed scope.

　　Article 4 The competent registration authorities of enterprise names （hereinafter referred to as “the competent registration authorities”） are the State Administration for Industry and Commerce and its local administrations at various levels. The competent registration authorities may approve or reject an enterprise name registration application， supervise and administer the utilization of the enterprise name， and protect the exclusive right to the use of enterprise name.

　　In accordance with the Regulations of the People's Republic of China for Controlling the Registration of Enterprises as Legal Persons， the competent registration authorities shall carry out gradation administration of registration of enterprise names. Names of enterprises with foreign investment shall be approved by the State Administration for Industry and Commerce.

　　Article 5 The competent registration authorities are entitled to rectify the inappropriate enterprise names already registered. The competent registration authorities at higher level are entitled to rectify the inappropriate enterprise names registered by the competent registration authorities at lower level.

　　Any unit or individual may require to the competent registration authorities to rectify an inappropriate enterprise name registered.

　　Article 6 An enterprise is permitted to use one name only which shall not be the same as or similar to the name of an enterprise already registered in the same trade within the jurisdiction of the competent registration authority.

　　For special requirements， an enterprise may use a subordinate name within a prescribed scope after obtaining an approval from the competent registration authorities at or above the provincial level.

　　Article 7 An enterprise name shall consists of the components in the following order： the shop name （or trade name， similarly hereinafter）， trade or business operation characteristics and organizational form.

　　An enterprise name shall be preceded by the name of the administrative area such as the province （including autonomous region and municipality directly under the Central Government， similarly hereinafter） or the city （including prefecture， similarly hereinafter） or the county （including district under a city， similarly hereinafter） where the enterprise is located.

　　Any of the following enterprises may use an enterprise name not preceded by the name of the administrative area where it is located after obtaining approval from the State Administration for Industry and Commerce：

　　（1） enterprises listed in Article 13 of these Provisions；

　　（2） enterprises with long history and famous shop names； or

　　（3） enterprises with foreign investment.

　　Article 8 Enterprise names shall be in Chinese characters； besides， enterprise names in national autonomous areas may be simultaneously in the language commonly used in the locality.

　　Where an enterprise also uses a name in foreign language， the name in foreign

language shall conform to its Chinese name and also shall be registered with the competent registration authority.

　　Article 9 Enterprise names may not contain any of the following contents or words：

　　（1） those being detrimental to the State and social public interests；

　　（2） those causing fraudulence or misunderstanding to the public；

　　（3） names of foreign countries （regions） and names of international organizations；

　　（4） names of political parties， of party， government or army departments， of people's organizations， of social organizations or military designations of military units；

　　（5） Chinese phonetic alphabet （except for those used in a name in foreign language） or figures； or

　　（6） those being prohibited by laws or administrative regulations.

　　Article 10 An enterprise may choose its shop name. The shop name shall be composed of more than two Chinese characters.

　　An enterprise may use the name of the locality where it is located or that of another place as its shop name if it has proper reasons， but it may not use the name of an administrative area at or above the county levels.

　　A private enterprise may use the name of its investor as its shop name.

　　Article 11 An enterprise， based on its main business， shall indicate the sector in which it belongs or its business characteristics in its name according to the classifications specified in the national trade classification standards.

　　Article 12 An enterprise shall indicate its organizational form， clearly and easily to be understood， in its name in accordance with its organizational structure or liability form.

　　Article 13 Any of the following enterprises may apply for using “Zhongguo” or “Zhonghua” （both mean China） or “Guoji” （international） in its enterprise name：

　　（1） national corporations；

　　（2） large-size import and export enterprises approved by the State Council or by its authorized bodies；

　　（3） large-size enterprise groups approved by the State Council or by its authorized bodies；

　　（4） other enterprises determined by the State Administration for Industry and Commerce.

　　Article 14 Where an enterprise sets up branches， the name of the enterprise and its branches shall comply with the following requirements：

　　（1） When the word “general” is used in an enterprise name， the enterprise shall have three or more branches；

　　（2） Where an enterprise's branch cannot bear independently its own civil responsibilities， its name shall be preceded by the name of the enterprise to which it is affiliated， contain the words “branch of company”， “branch of factory” or “branch shop” and indicate the trade of the branch as well as the name of the administrative area where it is located. If the trade of the branch is the same to that of the enterprise， the trade indication may be dispensed with in the branch name；

　　（3） Where a branch can bear independently its own civil responsibilities， it shall use an independent enterprise name and may use the shop name of the enterprise to which it is affiliated；

　　（4） A sub-branch set up by a branch that can bear independently its own civil responsibilities may not include the general enterprise's name in its own name.

　　Article 15 The name of a joint operated enterprise may use any partner's shop name but not the partner's enterprise name， and shall include the words “joint operated” or “joint”。

　　Article 16 With special reasons， an enterprise may apply separately for its enterprise name registration in advance before its business operation registration. When applying separately for the enterprise name registration in advance， the application signed by the head of the enterprise organizing group， the draft articles of association and the approvals issued by the competent authority or an examining and approving department shall be submitted.

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　　Article 17 An enterprise with foreign investment shall apply separately for its enterprise name registration in advance after getting the approvals of its project proposal and feasibility study report， before getting the approvals of contract and articles of association. When applying separately for the enterprise name registration in advance， the application signed by the head of the enterprise organizing group， approvals of project proposal and feasibility study report and the certificate of its legal business operation issued by the competent authority of the foreign country （region） where the investor comes from shall be submitted.

　　Article 18 The competent registration authority shall make a decision of approval or rejection within ten days from the date of receipt of all necessary supporting materials to the application submitted by the enterprise for a separate enterprise name registration in advance.

　　When the application for a separate enterprise name registration in advance is approved， the competent registration authority shall issue to the enterprise a Certificate of Enterprise Name Registration.

　　Article 19 The period of reservation for a separate registered enterprise name in advance is one year after it has been approved. An enterprise whose preparatory period has been approved may retain its registered name until the end of the preparatory period. During the reservation period， the enterprise may not use the reserved name for carrying out its business for profit.

　　The enterprise name shall automatically cease to be effective if the enterprise fails to go through the formalities for its business operation registration. The enterprise shall hand back its Certificate of Enterprise Name Registration within ten days after the expiry of reser

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