Xinhua News Agency, Beijing, January 19-Premier Li Keqiang of the State Council recently signed an order of the State Council to announce the revised "Regulations on the Administration of Enterprise Name Registration" (hereinafter referred to as the "Regulations"), which will come into effect on March 1 this year.
The Party Central Committee and the State Council attach great importance to deepening the reform of "delegating power, regulating services, and optimizing business environment.
The reform of the enterprise name registration management system is an important task for optimizing the business environment, which is conducive to improving the convenience of starting a business, reducing the cost of starting a business, and stimulating market vitality.
The "Regulations" implement the deployment requirements of the Party Central Committee and the State Council on deepening the reform of decentralization, regulation and service, and optimizing the business environment, fully respect the right of enterprises to independently choose business names, further release business name resources, simplify the business name registration process, and reduce business Start-up costs, strengthen supervision during and after the event, safeguard the legitimate rights and interests of enterprises and a good market order, and ensure that the reform of the enterprise name registration management system is open, acceptable and well managed.
There are 26 articles in the "Regulations", and the main contents include: First, establish an independent enterprise name declaration system, clarify the duties of the enterprise registration authority, and clarify the specific requirements for independent enterprise name declaration. Applicants can submit relevant information and materials through the enterprise name declaration system or at the service window of the enterprise registration authority to inquire, compare and screen the proposed name, and select a name that meets the requirements. The applicant shall undertake to assume legal responsibility in accordance with the law if its business name is similar to another’s business name and infringes on the legal rights of others. The second is to improve the basic norms for corporate names. The "Regulations" improve the basic elements and composition specifications of enterprise names, refine the prohibitive requirements for enterprise names, and clarify the registration rules for foreign-invested enterprises, enterprise branches, and enterprise group names. The third is to establish an enterprise name dispute resolution mechanism. If the enterprise believes that other enterprise names infringe on the legitimate rights and interests of the enterprise name, it can file a lawsuit with the people’s court or request the enterprise registration authority that registered the suspected infringing enterprise; after the enterprise registration authority accepts the application, it can conduct mediation. If the mediation fails, the enterprise registration authority Administrative rulings should be made within the prescribed time limit. The fourth is to strengthen supervision during and after the event. When the enterprise registration authority discovers that the name of the enterprise does not meet the requirements when handling the enterprise registration, it shall not register and explain the reasons in writing; if the registered enterprise name does not meet the requirements, it shall promptly correct it. If other units or individuals believe that the registered enterprise name does not meet the requirements, they may request the enterprise registration authority to correct it. Anyone who uses the name of an enterprise to carry out acts such as unfair competition shall be dealt with in accordance with the provisions of relevant laws and administrative regulations. If the people’s court or the enterprise registration authority determines that the use of the enterprise name should be stopped in accordance with the law, the enterprise shall go through the change registration within the prescribed time limit.