The basic elements that constitute a company name & enterprise name in Nanyang
The enterprise name is opposite to the name of the natural person. The enterprise name is the name of the company or enterprise as a legal person. The name belongs to a This kind of legal person's personal rights cannot be transferred. It exists with the existence of the legal person and disappears with the demise of the legal person. Legal persons need to use the corporate name when participating in civil activities as civil subjects, such as signing contracts and mortgaging payments. The company name must be approved and registered before it can be obtained. The General Principles of Civil Law equate the name rights of legal persons as personal rights with the name rights of individual industrial and commercial households as property rights, and both allow transfer, which may confuse the essential difference between personal rights and property rights.
&Basic Elements
The four basic elements that constitute a company name are the name of the administrative division, trade name, industry or business characteristics, and organizational form.
The name of the administrative division refers to the name of the administrative division above the county where the enterprise is located. The administrative division name in the enterprise name can omit the words "province", "city", "county", etc., except where omission may cause misunderstanding. The names of administrative divisions of municipal districts and above the county level should be used in conjunction with the names of municipal administrative divisions, and it is not appropriate to use the names of municipal administrative divisions alone. In addition to complying with the special provisions of the "Enterprise Name Registration and Management Regulations", the name of the administrative division should be placed at the front of the enterprise name.
The font size is the core element of the company name and should consist of more than two Chinese characters. The font size in a company name is the main symbol that distinguishes a company from other companies or social organizations. In addition to complying with the special provisions of the "Enterprise Name Registration and Management Regulations"
, the font size should be placed after the administrative division and before the industry or business characteristics. A well-known name refers to an enterprise name that is well-known in a certain industry or multiple industries within a certain time and space. Enterprises have the right to independently choose their corporate names and trade names, but the trade names they choose cannot conflict with national laws and regulations, and cannot objectively cause misunderstandings and misunderstandings among the public. Generally, industry words are not allowed to be used in company names.
Company name is also a kind of social culture, which reflects the health and civilization of social culture from one aspect. Therefore, when determining the corporate name and trade name, we should consider the requirements of social spiritual civilization, and resist and oppose the use of words with colonial servitude, feudal dross, and low style as corporate trade names.
The industry or business characteristics words in the company name should specifically reflect the business scope, methods or characteristics of the company. To identify the industry or business characteristics, you can use a specific industry name according to the categories classified by the national industry classification standards, or you can use general words, but you cannot express or imply that there is a business beyond its business scope. If the business of an enterprise crosses the major categories of the national economic industry classification, it can choose a major category name or use general language to describe the industry in which the enterprise is engaged in the name. Enterprises should choose words with industry or business characteristics based on their own business conditions, and be careful to avoid blindly pursuing "big names" that are divorced from their actual business conditions.
The so-called organizational form refers to the words in the company name that reflect the company's structure and responsibility form, such as company, factory, center, store, hall, etc. At present, the names of the organizational forms of enterprises in our country are diversified. In summary, they can be divided into two categories: company type. The name of a company established in accordance with the "Company Law" must be marked with the words "limited liability company" or "joint stock company". "Limited liability company" can also be referred to as "limited company". General enterprise category. Enterprises established in accordance with the "Enterprise Legal Person Registration and Management Regulations" have various organizational forms in their names, such as "center", "store", "field", "city", etc. Organizational forms generally cannot be used together or mixed. Some internationally common forms, such as &&&&&Factory Co., Ltd.&r&&&&&Center Co., Ltd., etc., should be allowed to be used.
How to register an enterprise as a legal person in Nanyang in 2020? Is it necessary to register as an enterprise as a legal person?
Apply for enterprise legal person registration and be reviewed by the competent enterprise legal person registration authority , if the registration is approved, the "Enterprise Legal Person Business License" will be obtained and the legal person qualification will be obtained, and its legal rights and interests will be protected by national laws.
If it is necessary to register an enterprise as a legal person in accordance with the law, no business activities shall be conducted without the approval of the enterprise legal person registration authority.
Which enterprises need to register as legal persons?
The following enterprises that meet the conditions of legal persons should register as legal persons:
Enterprises owned by the whole people
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Collectively owned enterprises
Associated enterprises
Sino-foreign joint ventures, Sino-foreign cooperative enterprises and foreign-invested enterprises established within the territory of the People's Republic of China
Private enterprises
Other enterprises that are required to register as legal persons according to law.
Where to go to register an enterprise as a legal person?
The competent authority for enterprise legal person registration (hereinafter referred to as the registration authority) is the State Administration for Industry and Commerce and the local administrations for industry and commerce at all levels. . Registration authorities at all levels, under the leadership of the registration authority at the higher level, perform their duties in accordance with the law and are free from illegal interference.
National companies, enterprise groups, and companies engaged in import and export business approved by the State Council or the department authorized by the State Council shall be approved and registered by the State Administration for Industry and Commerce. Sino-foreign joint ventures, Sino-foreign contractual joint ventures, and foreign-invested enterprises shall be approved and registered by the State Administration for Industry and Commerce or the local administration for industry and commerce authorized by the State Administration for Industry and Commerce.
Subsidiaries (branch) of national companies, enterprises, enterprise groups, and companies engaged in import and export business established with the approval of the people's government of a province, autonomous region, or municipality directly under the Central Government or its authorized department, shall be governed by the province, autonomous region, or municipality directly under the Central Government. The municipal administration for industry and commerce shall approve the registration.
Other enterprises shall be approved and registered by the industrial and commercial administration bureau of the city or county (district) where they are located.
What conditions must be met to apply for enterprise legal person registration?
The unit applying for enterprise legal person registration should meet the following conditions:
, name, organization structure and articles of association
Fixed business premises and necessary facilities
The amount of capital and employees that comply with national regulations and are commensurate with the scale of its production, operations and services
/>, able to independently bear civil liability
, and a business scope that complies with national laws, regulations and policies.
For an enterprise to register as a legal person, the person in charge of the establishment of the enterprise shall apply. For joint ventures that bear independent civil liability to register as corporate entities, the person in charge of the establishment of the joint venture shall apply.
The general company registration process and name verification in Nanyang: Go to the Industrial and Commercial Bureau to get an "Enterprise (trade name) name pre-approval application form", fill in the name of the company you plan to get, and the Industrial and Commercial Bureau will go online (Intranet of the Industrial and Commercial Bureau) Search whether there is a duplicate name. If there is no duplicate name, you can use this name, and an "Enterprise (trade name) name pre-approval notice" will be issued.
. Rent: rent an office in a specialized office building. After renting a house, you must sign a rental contract and file it with the Housing Authority.
, Writing & Articles of Association: Articles of Association need to be signed by all shareholders.
. Engrave a private seal: (all shareholders) go to the street where seals are carved to engrave a private seal and tell them to engrave a corporate private seal (square).
Go to an accounting firm to get a "Bank Inquiry Letter": Contact an accounting firm and get a "Bank Inquiry Letter" (must be the original, stamped by the accounting firm).
Company registration: Go to the Industrial and Commercial Bureau to obtain various forms for company establishment and registration, including establishment registration application form, list of shareholders (sponsors), director and manager supervision, legal representative registration form, designated representative or Agent registration form. After completing the form, submit it to the Industrial and Commercial Bureau together with the verification notice, company articles of association, rent contract, and copy of the real estate certificate. The license can be collected in approximately one working day.
With your business license, go to the seal engraving company designated by the Public Security Bureau to engrave the official seal and financial seal. In the following steps, you need to use the official seal or financial seal.
. Apply for the organization code certificate of the enterprise: Go to the Technical Supervision Bureau with your business license to apply for the organization code certificate, which takes several working days.
. Apply for tax registration: After receiving the license, go to the local tax bureau to apply for a tax registration certificate within a few days. Generally, companies need to apply for two types of tax registration certificates, namely national tax and local tax. When applying for a tax registration certificate, you generally must have an accountant, because one of the documents required by the tax bureau is the accounting qualification certificate and ID card. Of course, you can hire an accounting agency to do the accounting.
Go to the bank to open a basic account: Go to the bank to open a basic account with your business license, organization code certificate, and original copies of national tax and local tax.
. Apply for purchase invoices: If your company sells goods, you should go to the national tax to apply for an invoice. If it is a service company, you should go to the local tax to apply for an invoice.
Requirements for registered company name