Interim Measures Of Chongqing Municipality On The Administration Of Business Name Registration For Private Industrial And Commercial Businesses, issued by Chongqing Municipal Government on November 6, 2007 and will take effect on January 1, 2008
1.What are the main contents of the Measures?
The Measures consist of 31 articles in 6 chapters, which include General Principles, Use of Business Names by Private Industrial and Commercial Businesses, Business Name Registration, Legal Liability, Supervision and Administration, Dispute Resolution and an Appendix.
2.Which authority is responsible for the administration of business name registration for Private Industrial and Commercial Businesses?
The competent authorities shall classify the applying private industrial and commercial businesses in the course of the business name registration. The Chongqing Administration of Industry and Commerce and all its branches at district or county level are the competent authorities.
The branches at district or county level are responsible for approving the business names with the name of the district or county in them.
The branches at district or county level can authorize the department of industry and commerce in the place where the private Industrial and commercial businesses located to approve the business names, if needed.
3.What are the requirements for a business name?
A private industrial and commercial business can have only one business name, which should not be the same as or similar to the names of other enterprises already registered in the same trade within the jurisdiction of the competent registration authority, and should not contain the names of other enterprises.
A business name should be canonical Chinese characters. No pinyin, letters or punctuations are allowed in a business name. But there is one exception: for the business names of private industrial and commercial business that provide services on restaurant and entertainment, Arabic numerals are available.
A business name shall consist of the components in the following order: the name of the administrative district where the business located, the shop name, trade and organizational form. The name of the administrative district can be omitted if the omission won’t mislead the public.
4.What is prohibited in a business name?
The following are prohibited in a business name:
(1) the place name of the administrative district at the level of county or above, with the exception that the name has other meanings;
(2) names of foreign countries (regions) and names of international organizations.
(3) names of political parties, of party, government or army departments, of people’s organizations, of social organizations or military designations of military units;
(4) those being detrimental to the State and public interest, or having the nature of discrimination against any nationality, or having other harmful influences;
(5) those with political color;
(6) those causing fraudulence or misunderstanding to the public;
(7) those misleading the public to believe that the source of the product or service is world famous enterprise;
(8) the Arabic numerals with special meanings, such as 110, 119, 12315;
(9) other unsuitable characters of number.
5.What documents are needed in applying for approving business name in advance?
The following documents are needed:
(1) the application for approving the business name in advance;
(2) the identity card of the operator;
(3) a power of attorney and the identity card of the attorney, if the application is done by an attorney;
(4) other documents that are required by the registration department according to laws and regulations.
6. How long will a business name approved in advance be reserved?
The period of reservation for a business name approved in advance is 6 months. The business name shall automatically cease to be effective if the private industrial and commercial business fails to set up.
7.What rules are provided in respect of the usage of the business name in the Measures?
Within the reservation period of a business name approved in advance, the name shall not be used in business activities and shall not be transferred. When the private industrial and commercial business modifies its business name, the new name shall not be used in business activities or transferred before the registration authority approves the modification.
The name used for seal, bank account, signboard and correspondence papers of private industrial and commercial business shall be identical with the registered business name. The signboard of a private industrial and commercial business of commerce, public catering or service trade may be duly simplified, only the simplified name shall not mislead the public.