What are the common rules for company name verification?

In recent years, company registration has become increasingly popular.

As the first step of company registration, company name verification seems easy, but it is also the easiest to go wrong. Knowing the name verification rules will enable the enterprise name verification process to proceed smoothly. Here are some common rules for company name verification:

01. The industrial and commercial registration will be conducted in similar industries. For example, if the same font size has been registered before, it can no longer be used in the technology industry.

02. Rules for font size: Approval rules for font size: ABC font size, which will be split into three sizes: AB, AC, and BC. If one of them has been checked If yes, ABC font size cannot be used.

03. Arabic numerals, letters and two consecutive capital figures such as "12, AB, twelve, twelve" shall not be used in the font size.

04. The font size shall not use specific phrases and adjectives, such as "very, first, best, forest, industry, century", etc.

05. The names of regions, regions and countries, such as "Shanghai, Zhejiang, Hangzhou", shall not be used in the font size.

06. Words embellishing the industry and causing misunderstanding shall not be used in the shop name. For example, if the industry is "financial information service", words such as "fast loan, good loan" shall not be used as shop names.

07. If the industry is "investment consulting" or "investment management", the word "venture capital" shall not be used as a shop name.

08. During name search, two consecutive font sizes are queried, so the more font sizes are, the more difficult it is to find the name. At least two font sizes are required, such as "Kristen", "Kerry", "Rhys" and "Sting", which should not be identical with other font sizes

09. During the name search, look up similar words, such as "Man", "need to look up similar words", "Man", "Man", "Man", "Man", "Man", "Man", "Man", "Man", "Man", "Man", "Man", etc.

10. Query similar industries during name search, such as "information technology", "computer technology", "network technology", "automation technology" and other similar industries.

11. Trade names similar to well-known trademarks and famous enterprise names shall not be used.
Note: According to the National Economic Industry Classification, only one industry can be selected, and more brands can be selected

Generally, the verification time is usually 1-3 working days. If the verification is passed, the next step of company registration can be carried out. If the verification fails, the company needs to be re verified.

Specific Provisions of the State Administration for Industry and Commerce on Matters Related to the Approval of Enterprise Names

1、 Business scope of enterprise name approval of the State Administration for Industry and Commerce

In accordance with the relevant provisions of the Provisions on the Administration of Enterprise Name Registration and the Measures for the Implementation of the Administration of Enterprise Name Registration, the State Administration for Industry and Commerce is responsible for approving the names of domestic funded companies, domestic funded non corporate enterprise legal persons, foreign-funded companies, non corporate foreign-funded enterprise legal persons and other enterprises that meet one of the following conditions:

（1） The words "China", "China", "National", "National", "International", etc. are prefixed;

（2） The words "China", "China", "the whole country", "the country", etc. are used in the middle of the name;

（3） Excluding administrative divisions.

2、 Conditions and Methods of Application for Enterprise Name Approval of the State Administration for Industry and Commerce

（1） Except for the enterprises decided by the State Council to be established, the names of enterprises shall not be preceded by such words as "China", "China", "National", "International", etc.

（2） If the words "China", "China", "National", "National", "International", etc. are used in the middle of the enterprise name, the words should be the industry qualifier. A wholly foreign-owned enterprise with a foreign (regional) investment enterprise name or a foreign-funded enterprise controlled by a foreign party may use the word "(China)" in the middle of its name.

（3） An enterprise legal person that meets one of the following conditions may use an enterprise name without administrative divisions:

1. Approved by the State Council;

2. Registered with the State Administration for Industry and Commerce;

3. The registered capital (or registered capital) is not less than 50 million yuan;

4. Otherwise stipulated by the State Administration for Industry and Commerce.

Those who apply for the approval of the names of newly established enterprises in categories 2, 3 and 4 above shall submit their applications through the online registration application business system of the State Administration for Industry and Commerce (referred to as the online registration system).

For the application for pre-approval of the name of a newly established enterprise submitted through the online registration system, the General Administration shall decide whether to approve it or not within 15 working days and inform the applicant of the relevant information online. The "pre approval notice" shall be printed and issued by the local enterprise registration authority, and the applicant may not need to get it from the State Administration for Industry and Commerce.

For registered enterprises that apply for name change and need to be approved by the General Administration (Category 2, 3 and 4 above), local registration authorities will accept the application and submit it to the provincial (including autonomous regions and municipalities directly under the Central Government) enterprise registration authority through the online registration system for review. The provincial enterprise registration authority will review it and submit it to the General Administration for review. The General Administration will finally make a decision on whether the review is passed, Relevant audit information is fed back to the enterprise registration authority through the system.

To apply for the pre-approval of the above newly established enterprise name, the following application materials shall be submitted to the Enterprise Name Management Office of the Enterprise Registration Bureau of the State Administration for Industry and Commerce (if a foreign-funded enterprise uses the word "(China)" in its name, it can submit an application online).

1. Application for Pre approval of Enterprise Name (including the power of attorney of the designated representative or jointly entrusted agent and the copy of ID card).

2. Foreign invested enterprises shall submit copies of qualification certificates of all investors (if the documents are in foreign languages, Chinese translation copies with the official seal of the translation unit shall be submitted).

3. Other relevant documents and certificates.

explain:

1. For pre approval of enterprise name, you can log in to "China Enterprise Registration Network"（ http://qyj.saic.gov.cn ）Download related forms.

2. The application form and other application materials submitted shall be on A4 size paper.

3. If the submitted materials do not indicate to submit copies, the original shall be submitted; If a copy is submitted, it shall be marked "consistent with the original" and signed by the applicant, or stamped or signed by its designated representative or jointly entrusted agent.

4. If the submitted materials involve signing and the signer is not indicated, the natural person shall sign in person; Legal persons and other organizations shall be signed by the legal representative or person in charge and affixed with the official seal.

Note: For online application submission, foreign-invested enterprises need to upload the scanned copies of qualification certificates of all investors (PDF format).

3、 Provide "dual channel" services to foreign-invested enterprises

Foreign invested enterprises can either submit their applications through the online registration system (and upload the scanned copies of the investor's certification documents in PDF format) or submit their applications on the spot at the enterprise registration authority with jurisdiction over registration.

In case of on-site application, the registration authority shall accept the application materials. If the materials are complete and conform to the legal form, they shall be reported to the General Administration for review through the online registration system; After approval, the registration authority shall print the "pre approval notice" and issue it to the applicant.

4、 The pre approved name can adjust some application items

The applicant may partially adjust the application items of the enterprise name that has been pre approved but not yet registered, and may extend the retention period of the enterprise name that has been pre approved once. Items that can be adjusted are: address, registered capital (fund), investor name and license number, business scope, industry code, etc. Among them, the adjustment of the investor's name and license number is an error, and the applicant must also provide online scanned copies of ID card, business license or other valid documents (PDF format).

If the name of a domestic enterprise has been approved for adjustment, the applicant shall go through the online registration system in accordance with the pre-approval procedure. If the name of a foreign-funded enterprise has been approved for adjustment and an online application for approval is made, the applicant can either go through the online registration system in accordance with the pre-approval procedure for the name of a foreign-funded enterprise, or submit an application for adjustment to the confirmed enterprise registration authority; In case of on-site application, an application for adjustment shall be submitted to the original enterprise registration authority. After the enterprise registration authority accepts the business of the verified adjustment of the name of a foreign-funded enterprise, it shall report it to the State Administration for review through the online registration system.

Comparison rules for the same and similar enterprise names

As a key part of industrial and commercial registration, enterprise name verification directly affects the process of company registration. In order to promote the reform of enterprise name registration management, establish and improve the enterprise name comparison system, and ensure the smooth implementation of enterprise name verification, the State Administration for Industry and Commerce issued the Rules for the Comparison of Identical and Similar Enterprise Names, as follows:

Article 1 In order to further promote the reform of enterprise name registration management, establish and improve the enterprise name comparison system, and provide efficient comparison services for applicants, in accordance with the Provisions on the Administration of Enterprise Name Registration, the Measures for the Implementation of Enterprise Name Registration Management, and the Opinions of the State Administration for Industry and Commerce on Improving Registration Efficiency and Actively Promoting the Reform of Enterprise Name Registration Management (Gong Shang Qi Zhu Zi [2017] No. 54).

Article 2 These Rules are applicable to the establishment and improvement of the enterprise name comparison system by the enterprise registration authority using information technology to provide comparison services for the applicant to apply for the enterprise name. The enterprise registration authority shall present the comparison results to the applicant in online pages for reference and selection.

Article 3 In case of any of the following circumstances in the application for registration and approval of enterprise name submitted by the applicant, the comparison system prompts that the enterprise name is the same:

（1） It is identical with the enterprise name registered and approved by the same enterprise registration authority.

（2） The administrative divisions, shop names, industries and organizational forms of the enterprise names that have been registered and approved by the same enterprise registration authority are in different order, but the words are the same. For example, Beijing Hongguang Wine Industry Development Co., Ltd. and Hongguang (Beijing) Wine Industry Development Co., Ltd.

（3） It is the same as the enterprise name, trade name and trade characters that have been registered and approved by the same enterprise registration authority, but its administrative division or organizational form is different. For example, Beijing Hongguang Wine Co., Ltd. and Hongguang Wine Co., Ltd; Beijing Hongguang Distillery Co., Ltd. and Beijing Hongguang Distillery.

Article 4 In case of any of the following circumstances in the application for registration and approval of the enterprise name submitted by the applicant, the system prompts that the enterprise name is similar:

（1） It is the same as the name and shop name of enterprises in the same industry that have been registered and approved by the same enterprise registration authority, and the industry expression is different but the meaning is the same. For example, Wanqing Real Estate Co., Ltd., Wanqing Real Estate Co., Ltd. and Wanqing Real Estate Co., Ltd.

（2） It has the same pronunciation, the same industry expression or different industry expression but the same content as the name of the same industry enterprise registered and approved by the same enterprise registration authority. For example, Beijing Niulanshan Liquor Co., Ltd., Beijing Niulanshan Liquor Co., Ltd. and Beijing Niulanshan Liquor Co., Ltd.

（3） The shop name includes or is included in the name of an enterprise in the same industry that has been registered, approved or included by the same enterprise registration authority, and the industry expression is the same or the industry expression is different but the content is the same. For example, Beijing Adian Network Technology Co., Ltd., Beijing Adian Baba Network Technology Co., Ltd., and Beijing Adian Online Information Technology Co., Ltd.

（4） The trade name is the same as the part of the trade name that has been registered and approved by the same enterprise registration authority, and the trade expression is the same or the trade expression is different but the content is the same. For example, Beijing Adian Technology Co., Ltd., Beijing Mayun Alibaba Technology Co., Ltd., and Beijing Alibaba Financial Holding Technology Co., Ltd.

（5） If it does not contain industry expression or uses industry, development and other terms that do not use the national economic industry classification to express industry, it contains or is included in the shop name of the same kind of enterprise that has been registered and approved by the same enterprise registration authority, or its shop name has the same pronunciation, or some of its included and included characters have the same pronunciation. For example, Beijing Niulanshan Co., Ltd. and Beijing Jinniulanshan Co., Ltd; Beijing Quanjude Co., Ltd., Beijing Quanjude Co., Ltd. and Beijing Hongquan Jude Industrial Co., Ltd.

Article 5 When the applicant queries the name of the enterprise applying through the comparison system, if the name of the enterprise to be applied for is the same as the name of the enterprise already registered and approved by the same enterprise registration authority, the same enterprise name shall be listed to remind that the application cannot be passed; If the name of the enterprise to be applied for is similar to the name of the enterprise registered and approved by the same enterprise registration authority, a list of similar enterprise names shall be provided to remind that the application can be passed, but there is a possibility that the application may not be approved. Although it is approved, it may face infringement disputes in use, or even be forced to change an inappropriate enterprise name.

Article 6 The local enterprise registration authority may, according to the requirements of the local government, reform needs and technical conditions, refine the comparison rules and constantly improve the intelligent service level of comparison.

Article 7 The comparison between the names of specialized farmers cooperatives and individual businesses and the names of unincorporated branches (business units) shall be implemented with reference to these Rules.

Article 8 These Rules shall be interpreted by the State Administration for Industry and Commerce.

Introduction to industrial and commercial registration process of ordinary limited companies

With the arrival of the era of "mass entrepreneurship and innovation", the number of small and medium-sized enterprises in China is growing rapidly, and the number of registered companies is also increasing. However, many registrants are still "confused" about the process of company registration, so they have gone a lot of "wrong way". So, how should the company register? Next, this article will briefly introduce the registration process of limited companies.

Preamble:

1. The content of this article is the establishment process of a limited company, and other enterprise forms are not discussed here.

2. This article only discusses the establishment of industry and commerce, and other links are not involved.

3. This article only discusses the establishment process of ordinary limited companies, qualification approval and other special industries, which are not discussed here.

1、 Set up process

The establishment process of a limited company includes the following four steps: application acceptance review decision.

There is no restriction on the application process. Any individual, company or other legal subject that complies with relevant laws and regulations can apply for the establishment of a limited company, except as stipulated by laws and regulations;

2、 Materials to be submitted

What detailed information does the company need to submit? Details are as follows:

1. Application for Registration of Company Establishment signed by the legal person of the company;

2. Articles of Association signed by all shareholders

3. Certificate of Designated Representative or Jointly Authorized Agent signed by all shareholders and copies of ID cards of designated representative or jointly authorized agent

4. Qualification certificates of legal persons, supervisors and all shareholders;

If the subject of qualification is a natural person, submit a copy of identity;

If the subject of qualification is an enterprise, for example, if the shareholder is XX company, the company's business license should be provided;

The subject of qualification is a public institution legal person, a social organization legal person, a private non enterprise unit, etc. It is sufficient to submit relevant qualification certificates.

5. Enterprise Name Pre Approval Notice

After collecting all the relevant data, first review the enterprise name to the industry and commerce, and then receive the notice.

6. Proof of use of residence: property ownership certificate shall be provided for self owned property (commercial/residential), and lease contract shall be provided for leased property.

3、 Review

The audit process generally includes the following contents:

1. Enterprise name audit;

After passing the name verification, the Notice of Pre approval of Enterprise Name shall be issued. Subsequent phase approval can only be performed after this phase is passed.

2. Relevant data review:

3. Identity audit

Verify the identities of legal persons, shareholders and supervisors.

If these steps are successfully carried out, the enterprise can obtain a business license and carry out seal engraving and filing. However, if the company wants to enter the operation stage, it also needs to handle specific matters such as bank account opening, tax registration, application for tax control and invoice, and social security account opening.

Rules on prohibition and restriction of company names in enterprise name verification

The success of enterprise registration is related to the success of enterprise name verification. In order to standardize the review of enterprise names, on July 3, 2017, the State Administration for Industry and Commerce publicly solicited opinions on the Rules for Prohibitions and Restrictions on the Use of Enterprise Names, and formulated and improved the Rules for Prohibitions and Restrictions on the Use of Enterprise Names.

Article 1 In order to standardize the examination and verification of enterprise names, establish and improve the enterprise name comparison system, and provide more convenient enterprise name registration and approval services for applicants, according to the Company Law, the Regulations on the Administration of the Registration of Enterprise Legal Persons, the Regulations on the Administration of Company Registration, the Regulations on the Administration of the Registration of Enterprise Names, and the Measures for the Implementation of the Administration of the Registration of Enterprise Names These Rules are formulated with the relevant normative documents of the State Administration for Industry and Commerce.

Article 2 These Rules shall apply to the registration and approval of enterprise names. The enterprise name reviewers shall, in accordance with these Rules, examine whether the enterprise name application contains any content that is prohibited or restricted, and make a decision of approval or rejection in accordance with the relevant provisions.

Article 3 The enterprise registration authority may, in accordance with these Rules, establish and improve the enterprise name comparison system and provide the applicant with enterprise name screening services. The pilot areas for the reform of independent declaration of enterprise names can refer to these Rules to establish and improve the comparison and declaration system to provide applicants with independent declaration and self responsibility registration services.

Article 4 An enterprise name shall not be the same as the name of an enterprise in the same industry that has been registered and approved by the same enterprise registration authority.

The following circumstances shall apply to this clause:

（1） The same as the name of an enterprise in the same industry that has been registered by the same registration authority, or has been approved but not yet registered and is still within the validity period, or has applied but not yet approved;

（2） The same as the name of the enterprise in the same industry that has been deregistered for less than one year;

（3） It is the same as the original name of the same industry of the enterprise with the same registration authority that has changed its name for less than one year;

（4） It is the same as the name of the enterprise in the same industry whose establishment registration has been revoked and whose business license has been revoked but whose registration has not been cancelled.

Article 5 The name of an enterprise shall not contain any content or words that are detrimental to the interests of the State, society and the public.

The following circumstances shall apply to this clause:

（1） Having negative or adverse political influence. Such as "China", "Black Sun" and "Big Landlord".

（2） Advocating terrorism, separatism and extremism. Such as "September 11", "East Turkistan", "Zhanzhong", etc.

（3） Those with colonial culture, which are detrimental to national dignity and hurt people's feelings. Such as "Greater East Asia", "Dahe" and "Formosa".

（4） Having the tendency of discrimination on the basis of race, nationality, sex, etc. Such as "nigger".

（5） Containing the dross of feudal culture, violating the good social customs or not respecting national customs. Such as "ghost capital" and "wives and concubines in groups".

（6） Involving drugs, obscenity, pornography, violence and gambling. Such as "heroin", "push Pai Gow", etc.

Article 6 The name of an enterprise shall not contain any content or words that may deceive or mislead the public. The following circumstances shall apply to this clause:

（1） Including the names of party and state leaders, older generation revolutionaries, well-known martyrs and well-known models. Such as "Dong Cunrui" and "Lei Feng".

（2） Containing the name of an illegal organization or the name of a reactionary political figure or a well-known villain. Such as "Falun Gong", "Wang Jingwei" and "Qin Hui".

（3） Containing the name of a religious organization or having a distinctive religious color. Such as "Christianity", "Buddhism", "Islam", etc.