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​China Introduction of Provisions on the Administration of Enterprise Name Registration

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China
Introduction of Provisions on the Administration of Enterprise Name Registration

The State Council issued Decree No. 734 on January 19, 2021, amending and passing the "Provisions on the Administration of Enterprise Name Registration", which has implemented on March 1, 2021.
The executive meeting of the State Council has made extensive revisions to the " Provisions on the Administration of Enterprise Name Registration", and the main revised clauses are now extracted for clients’ reference.

1.
An enterprise is permitted to register one enterprise name only, and the enterprise name is protected by law.

2.
Enterprise names shall be in standardized Chinese characters. The name of an enterprise in national autonomous region may also use in the language commonly used in this region.

3.
The name of an enterprise shall consist of name of the administrative region, business name, characteristics of trade or business and organizational form. The name of an enterprise operating across provinces, the autonomous regions and municipality directly under the Central Government may not include the name of administrative region. The name of an enterprise operating across trade or business may not include trade or business characteristics.

4.
The business name in an enterprise name shall consist of more than two Chinese characters. The name of an administrative region at or above the county levels, trade or business characteristics cannot be used as business name, unless they have another meaning.

5.
The trade or business characteristics in an enterprise name shall indicate the enterprise’s main business and expressed based on the Industrial Classification for National Economic Activities shall indicate. If there are no provisions in the Industrial Classification for National Economic Activities, it may refer to industry customs or professional literature and other expressions.

6.
Enterprise name including “Zhongguo (China)”, “Zhonghua (Chinese)”, “Zhongyang (Central Party)”, “Quanguo (national)” and “Guojia (state)”, etc., shall be strictly examined in accordance with relevant regulations and submitted to the State Council for approval. If the name of an enterprise contains characters such as “Zhongguo (China)”, “Zhonghua (Chinese)”, “Quanguo (national)” and “Guojia (state)”, the characters shall be industry qualifier. For wholly foreign-owned or controlled enterprises using business name of foreign investors, the name of the enterprises may contain the characters “Zhongguo (China)”.

7.
The name of an enterprise may contain the name of another enterprise or the name of other legal body or unincorporated organizations if there are investment or authorization relations.

8.
Within the same jurisdiction of enterprise registration, the business name of an enterprise proposed to be registered shall not be the same as the business name of the following enterprises in the same industry or those do not use trade or business characteristics:

(1)
The enterprise names that have been registered or within the retention period, except for those with investment relations;

(2)
The original enterprise name that has been deregistered or changed for less than one year, except for those with investment relations or transferees of the names;

(3)
The original enterprise name that has been revoked for registration or changed for less than one year, except for those with investment relations.

9.
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 is subject to approval according to law, or if there are any items in its business scope that are subject to approval before registration, the retention period shall be one year. The applicant shall complete the enterprise registration before the expiration of the reservation period..


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