Application for pre-approval of enterprise name signed by all investors. Certificate of the designated representative or * * * entrusted agent signed by all investors and a copy of the ID card of the designated representative or * * * entrusted agent (this item is not required to be submitted together with the application for pre-approval of enterprise name); The licensing authority and authorization period of the designated representative or entrusted agent shall be indicated.
If the application name is prefixed with the words "China", "China", "country", "country" and "international", a copy of the approval document of the State Council shall be submitted.
Copy of shareholder qualification certificate or identity certificate of natural person.
For special application names, the name registration authority may require investors to submit relevant explanations or certification materials.
If the enterprise name pre-approval authority is inconsistent with the enterprise registration authority to be established, the investor shall also submit the "Enterprise Name Preliminary Examination Opinion Form" of the enterprise registration authority to be established.
Where the name of the subsidiary of an enterprise group is preceded by the name or abbreviation of the enterprise group, a copy of the enterprise group registration certificate stamped with the seal of the parent company of the enterprise group shall be submitted, and the shareholding company shall also submit the certificate of consent of the parent company of the enterprise group.
According to the above documents, if the examination and approval authority cannot determine the place where the enterprise is to be registered, it may require the submission of the identity certificate of shareholders.
The following materials shall be submitted when applying for pre-approval of enterprise name:
1. Application for pre-approval of enterprise name signed by all investors;
2. The certificate of the designated representative or * * entrusted agent signed by all investors and a copy of the ID card of the designated representative or * * * entrusted agent (if it is submitted together with the application for pre-approval of enterprise name, it is not necessary to submit this item); The licensing authority and authorization period of the designated representative or entrusted agent shall be indicated.
3. If the application name is preceded by the words "China", "China", "country", "country" and "international", a copy of the approval document of the State Council shall be submitted;
4. Copy of shareholder qualification certificate or identity certificate of natural person; (It can also be submitted at the time of establishment registration)
If the shareholder is an enterprise, a copy of the business license shall be submitted; If the shareholder is an enterprise legal person, a copy of the registration certificate of the enterprise legal person shall be submitted;
If the shareholder is an enterprise legal person, a copy of the registration certificate of the enterprise legal person shall be submitted; If the shareholder is a private non-enterprise unit, a copy of the registration certificate of the private non-enterprise unit shall be submitted;
If the shareholder is a natural person, submit a copy of the identity certificate; Other shareholders shall submit qualification certificates stipulated by relevant laws and regulations. 5. For special application names, the name registration authority may require investors to submit relevant explanations or certification materials; 6. If the enterprise name pre-approval authority is inconsistent with the enterprise registration authority to be established, the investor shall also submit the "Enterprise Name Preliminary Examination Opinion Form" of the enterprise registration authority to be established;
7. If the name of the subsidiary of an enterprise group is preceded by the name or abbreviation of the enterprise group, a copy of the enterprise group registration certificate stamped with the seal of the parent company of the enterprise group shall be submitted; The shareholding company shall also submit the consent certificate of the parent company of the enterprise group. 8. According to the above documents, if the examination and approval authority cannot determine the place where the enterprise is to be registered, it may require the submission of the identity certificate of shareholders.
The pre-approval registration procedure of enterprise name is a special procedure for enterprise name registration. Starting from 1985, the Opinions of the State Administration for Industry and Commerce on Several Issues Concerning the Implementation of the Interim Provisions on the Administration of Name Registration of Industrial and Commercial Enterprises stipulates that enterprises with foreign investment may apply to the administrative department for industry and commerce for name registration in advance. 199 1 Approved by the State Council, the Regulations on the Administration of Enterprise Name Registration issued by the State Administration for Industry and Commerce further stipulates that. According to Article 16 and Article 17 of the Regulations on the Administration of Enterprise Name Registration, if an enterprise has special reasons, it may apply for enterprise name registration separately in advance before starting industrial and commercial registration. Enterprises with foreign investment shall apply for enterprise name registration separately in advance after the project proposal and feasibility study report are approved, but before the contract and articles of association are approved. The name of an enterprise that applies for registration separately in advance shall be retained for one year after approval. At this time, the idea that enterprises can register their names separately before registration appeared. However, this separate pre-registration is not a special name approval registration procedure, and the procedures and operating regulations for applying for enterprise name registration in advance are relatively rough. In practice, domestic enterprises rarely use this procedure except that foreign-invested enterprises generally apply for name registration in advance.
1On June 24th, 994, the State Council promulgated the Regulations on the Administration of Registration in People's Republic of China (PRC), and formally put forward the concept of "pre-approval of names". According to the regulations, the establishment of a company should apply for pre-approval of its name; Where laws and administrative regulations stipulate that the establishment of a company must be submitted for examination and approval, or there are items in the company's business scope that must be submitted for examination and approval, the company name shall be pre-approved and submitted to the company registration authority for approval; A limited liability company shall be established by a representative designated by all shareholders or an agent entrusted by * * *.
Apply to the company registration authority for name pre-approval; To establish a joint stock limited company, the representative designated by all the promoters or the agent entrusted by * * * shall apply to the company registration authority for pre-approval of the name; If the company registration authority decides to approve, it shall issue a Notice of Pre-approval of Enterprise Name; The pre-approved company name shall be retained for six months. At the same time, the regulations also stipulate for the first time that the Notice of Pre-approval of Enterprise Name is one of the necessary documents that a company should submit to the company registration authority when applying for establishment registration.
The name of an enterprise is determined by the pre-approval procedure before establishment registration, which can avoid the confusion of the names of registration application documents and materials caused by uncertain names in the preparation process, reduce the phenomenon of repeated work and application for approval, and play an important role in unifying the names of enterprises used in registration application materials and standardizing registration documents and materials.
In order to give full play to the effective role of the scheme, the State Administration for Industry and Commerce revised and submitted the Regulations on the Administration of Enterprise Name Registration (Draft for Review), and adjusted the relevant provisions on the pre-approval of enterprise names as follows: (1) The establishment of a company should apply for the pre-approval of its name; Where laws and administrative regulations stipulate that the establishment of an enterprise must be submitted for examination and approval, or there are items in the business scope that must be submitted for examination and approval according to laws and administrative regulations, the enterprise name shall be pre-approved and reported to the enterprise registration authority for approval before being submitted for examination and approval; The establishment of other enterprises can apply for pre-approval of the name.
What materials should be submitted for pre-approval of enterprise name? Urgent answer: The following information is required:
Verification name: copy of ID card, application for name approval and commitment letter. Hope to be adopted
Among them, it is necessary to prepare:
1. Think about your company name, usually 3-5 spare;
2. Determine your registered capital, with a minimum of 30,000 yuan;
3. Determine the legal person and shareholders of your company and prepare your ID card;
4. Decide on the capital contribution ratio of your company as a legal person and shareholder;
5. Prepare the real estate license and house lease agreement of your company's registered address to determine whether it is available.
What materials should be submitted to apply for pre-approval of enterprise name? The submission materials for pre-approval of enterprise name include:
(1) Application for pre-approval of enterprise name signed by all investors;
(2) If the name of the application is prefixed with the words "China", "China", "country", "national" and "international", a copy of the approval document of the State Council shall be submitted.
What materials should be submitted to apply for pre-approval registration of enterprise name (1) the application for pre-approval of enterprise name signed by the person in charge of enterprise establishment;
(2) Project proposal or feasibility study report;
(3) the approval document of the project proposal or feasibility report (this approval document is not needed when a foreign-invested enterprise applies for the pre-approval of the enterprise name);
(4) Legal business commencement certificate issued by the relevant competent authority of the country (region) where the investor is located;
(five) written proof of the designated representative or entrusted agent;
(six) the identity certificate of the representative or the entrusted agent and the entrusted agent, the qualification certificate of the enterprise legal person and the qualification certificate of the entrusted agent.
How to deal with the pre-approval of enterprise name? What information do I need to submit? Principles for applying for enterprise name registration:
1. The enterprise name shall not contain the following words:
1, which is harmful to national and social interests;
2. It may cause deception or misunderstanding to the public;
3. Names of foreign countries (regions) and international organizations;
4, the name of the political party, the name of the party, government and military organs, the name of mass organizations, the name of social groups and the serial number of the army;
5. Foreign languages, Chinese Pinyin and Arabic numerals;
6. Prohibited by other laws and administrative regulations.
Two, the name of the enterprise shall use Chinese characters in line with national norms.
3. The name of an enterprise as a legal person shall not contain the names of other legal persons, unless otherwise stipulated by the State Administration for Industry and Commerce.
Four, the enterprise name shall not contain another enterprise name. The name of an enterprise branch shall be preceded by the name of the enterprise to which it belongs.
Five, the business license of the enterprise is only allowed to indicate the name of the enterprise.
Six, the enterprise name in any of the following circumstances, shall not be approved:
1. It is the same as the name of an enterprise in the same industry approved or registered by the same administrative department for industry and commerce, except that it has an investment relationship;
2. It is the same as the original name changed by other enterprises less than 1 year ago;
3. It has the same name as an enterprise whose registration has been cancelled or whose business license has been revoked for less than 3 years;
4. Other acts in violation of laws and administrative regulations;
Seven, the enterprise name needs to be translated into a foreign language, by the enterprise according to the principle of text translation, do not need to report to the administrative department for Industry and commerce for approval and registration.
Jurisdiction of applying for enterprise name registration:
First, the administrative department for industry and commerce implements hierarchical registration management of enterprise names.
The State Administration for Industry and Commerce is in charge of the administration of enterprise name registration throughout the country, and is responsible for approving the following enterprise names:
1, with the words "China", "China", "National", "National" and "International";
2. Use the words "China", "China", "nationality" and "country" in the middle of the name;
3, excluding administrative divisions.
The local administration for industry and commerce is responsible for approving the following enterprise names other than those specified in the preceding paragraph:
(a) at the same level as the administrative division;
(two) the administrative divisions at the same level are placed after the enterprise name and before the organizational form.
The State Administration for Industry and Commerce grants foreign-invested enterprises the right of approval and registration, and the Administration for Industry and Commerce approves the names of foreign-invested enterprises according to the Measures.
Two, in addition to the State Council decided to set up enterprises, enterprises shall not be dubbed "China", "China", "national" and "international".
Where the words "China", "China", "country", "nationality" and "international" are used in the name of an enterprise, they shall be industry qualifiers.
Where a wholly foreign-owned enterprise uses the name of a foreign-invested enterprise (region), the word "(China)" may be used in the middle of its name.
What is the procedure for examination and approval of enterprise investment projects?
The approval procedures stipulated in the Interim Measures for the Approval of Enterprise Investment Projects mainly include:
(1) Prepare the project application report. The project applicant shall submit the project application report in quintuplicate to the project approval authority. The project application report shall be compiled by an institution with corresponding engineering consulting qualifications. Among them, the "Project Application Report" approved by the competent investment department of the State Council shall be compiled by an institution with Grade A engineering consulting qualification.
(2) declaration. Enterprises investing in projects that should be approved by local investment authorities shall submit project application reports to the corresponding project approval authorities in accordance with relevant local regulations.
The investment and construction of the units affiliated to the relevant industry authorities in the State Council shall be approved by the relevant industry authorities in the State Council, and the project application report can be directly submitted to the relevant industry authorities in the State Council, with the opinions of the provincial investment authorities where the project is located.
Enterprise groups under separate state planning and central management enterprises can directly submit the project application report to the investment department of the State Council, and attach the opinions of the provincial investment department where the project is located; Other enterprises invest in the construction of projects approved by the investment department in the State Council, which shall be reviewed and put forward by the provincial investment department where the project is located, and an application report shall be submitted to the investment department in the State Council.
The investment and construction of enterprises shall be approved by the State Council, and the investment department of the State Council shall put forward the audit opinions and submit the project application report to the State Council.
When submitting the project application report to the project approval authority, the project applicant shall attach the following documents according to the provisions of national laws and regulations:
(1) Urban planning opinions issued by the competent department of urban planning administration;
(2) Pre-examination opinions on special land use issued by the administrative departments of land and resources;
(3) Opinions on examination and approval of environmental impact assessment documents issued by the competent administrative department of environmental protection;
(4) Other documents that should be submitted according to relevant laws and regulations.
(3) acceptance. If the project approval authority considers that the application materials are incomplete or do not meet the relevant requirements, it shall inform the project applicant at one time within 5 working days after receiving the project application report, and ask the project applicant to clarify, supplement relevant information and documents, or adjust relevant contents.
After the materials submitted by the project applicant are complete as required, the project approval authority will formally accept it and issue a notice of acceptance to the project applicant.
(4) Entrusted evaluation. After accepting the application for approval, the project approval authority shall, if necessary, entrust a qualified consulting agency for evaluation within 4 working days.
The entrusted consulting institution shall submit the evaluation report within the time specified by the project approval authority and be responsible for the evaluation conclusion. When conducting the evaluation, the consulting agency may require the project applicant to explain the relevant issues.
(5) Audit by the competent department of industry. When approving a project, the project approval authority shall solicit the opinions of the relevant departments if it involves the functions of the competent departments of other industries. The relevant departments shall submit written audit opinions to the project approval authority within 7 working days after receiving the letter of soliciting opinions (attached with the project application report); Failing to give feedback on the written examination opinions within the time limit shall be deemed as consent.
(6) solicit public opinions and expert opinions. For projects that may have a significant impact on public interests, the project approval authority shall take appropriate measures to solicit public opinions when conducting approval review. For particularly important projects, an expert review system can be implemented.
(7) Time limit for examination and approval. The project approval authority shall, within 20 working days after accepting the project application report, make a decision on whether to approve the project application report and announce it to the public, or put forward audit opinions to the project approval authority at a higher level. If it is really difficult to make an examination and approval decision within 20 working days due to special reasons, it may be extended by 10 working days with the approval of the person in charge of this organ, and the project applicant shall be informed in writing in time to explain the reasons for the extension.
Where the project approval authority entrusts consultation and evaluation, solicits public opinions and conducts expert appraisal, the time required shall not be counted within the time limit specified in the preceding paragraph.
(8) Approve the decision. For the approved project, the project approval authority shall issue a project approval document to the project applicant, and send a copy to the relevant departments and subordinate project approval authorities; For projects that do not agree to the approval, a decision of disapproval shall be issued to the project reporting unit, explaining the reasons for disapproval, and copied to the relevant departments and lower-level project approval authorities. For the project approved by the State Council, the project approval document shall be issued by the investment department of the State Council.
(nine) the objection to the approval decision. If the project applicant disagrees with the approval decision of the project approval authority, he may bring an administrative reconsideration or an administrative lawsuit according to law.
What procedures must be submitted to apply for enterprise name approval? Does the branch name need to be approved in advance? These are two questions, to be answered separately.
Application name approval steps:
① Completed application form
② Original ID card of the handler.
③ Original ID cards of all shareholders.
Do branches need pre-approval?
No need. According to Article 14 of the Regulations on the Administration of Enterprise Name Registration, the name of a branch that cannot independently bear civil liability shall be preceded by the words "branch", "branch" and "branch", and the name or place name of the branch's industry and local administrative division shall be indicated, but if its industry is consistent with the enterprise to which it belongs, it may be omitted.
How to deal with the pre-approval of Shanghai enterprise name I. Examination and approval matters
Apply for pre-approval and registration of enterprise name
Second, the examination and approval authority
Shanghai Administration for Industry and Commerce is responsible for the pre-approval and registration of enterprise names other than the following:
1, with the words "China", "China", "National", "National" and "International";
2. Use the words "China", "China", "nationality" and "country" in the middle of the name;
3, excluding administrative divisions.
Each district (county) sub-bureau of Shanghai Administration for Industry and Commerce is responsible for the pre-approval and registration of branch names of limited liability companies without brand names.
Third, the application conditions
1, domestic enterprises
(1) Limited liability company (joint stock limited company): companies, legal persons, other economic organizations and natural persons with investment qualifications;
(2) Domestic unincorporated enterprises: legal persons and other economic organizations with investment qualifications;
(3) Partnership enterprises: legal persons, other organizations and natural persons with investment qualifications;
(4) Wholly-owned enterprises: natural persons with investment qualifications.
2. foreign-funded enterprises
Foreign parties are companies, legal persons, other economic organizations and natural persons; China is a company, a legal person and other economic organizations.
Four. List of submission materials
1, compiled
(1) Application for pre-approval of enterprise name signed by all investors;
(2) Certificate of the designated representative or * * * entrusted agent signed by all investors (the specific entrusted matters, the authorized authority of the trustee and the entrusted period shall be indicated), and a copy of the ID card of the designated representative or * * * entrusted agent (signed by myself);
(3) If the name of the application is preceded by the words "China", "China", "country", "country" and "international", a copy of the approval document of the State Council shall be submitted;
(four) for the name of a special application, the name registration authority may require investors to submit relevant explanations or certification materials.
Step 2 change
(1) Application for approval of enterprise name change signed by the legal representative of the company;
(2) Certificate of the designated representative or * * * entrusted agent signed by the legal representative of the company (the specific entrusted matters, the authorized authority of the principal and the entrusted period shall be indicated), and a copy of the ID card of the designated representative or * * * entrusted agent (signed by myself);
(3) If the name of the application is preceded by the words "China", "China", "country", "country" and "international", a copy of the approval document of the State Council shall be submitted;
(four) for the name of a special application, the name registration authority may require investors to submit relevant explanations or certification materials.
Verb (short for verb) handler
1, the applicant obtains the enterprise name application form from the industrial and commercial authorities or downloads it from the Shanghai industrial and commercial website;
2. The applicant submits the application materials for enterprise name to the industrial and commercial authorities;
3. After being accepted by the Industrial and Commercial Branch, the Municipal Bureau will make a decision on whether to approve it within 1 day; After accepting it, the Municipal Bureau will make a decision on whether or not to approve it on the spot.
Time limit for examination and approval of intransitive verbs
1. If it is accepted by the industrial and commercial sub-bureau, a decision on whether or not to approve it shall be made within 1 day from the date of acceptance;
2, the Municipal Administration for Industry and Commerce accepted, on the spot to make a decision on whether to approve.
What materials should be submitted for pre-approval of the name? Get the pre-approved name cancellation application form from the industrial and commercial bureau and fill it out.
1. When applying for cancellation of name, the original Notice of Pre-approval of Name or Notice of Pre-approval of Name Change and its annex List of Investors with Pre-approval of Name shall be returned.
2. If the investor is different from the investor recorded in the pre-approved name investor register, the applicant shall also apply for approval of the name.
Information adjustment. If all investors have changed, they have no right to apply for cancellation of their names.
3. "Signature and seal of all investors": ① If the domestic name is pre-approved, it shall be signed or sealed by all shareholders (investors and partners), among which the natural person shareholders (natural person investors and partners) shall be signed by themselves; Corporate shareholders (legal person investor) is stamped with the official seal of this unit; A joint stock limited company shall be signed by the members of the board of directors. (2) The name of foreign capital is approved in advance, and the joint venture and cooperative enterprise shall be stamped with the official seal of the unit by the Chinese investor, signed by the legal representative of the foreign legal person investor and signed by the natural person investor; Individual investors of a sole proprietorship enterprise shall be signed by themselves, and legal person investors shall be signed by their legal representatives. ③ When the name change is pre-approved, the changed enterprise shall affix its official seal.
4. If this page cannot be filled in, you can attach another page and sign and seal it.