If you want to set up a partnership with others, the first thing you need to do is to approve the partnership name, which means you need to think of a good name. A good business name may also be the beginning of success. , so you must think carefully, then, how should a partnership be generally named? Let’s learn about it together. 1. How is a partnership generally named? The name of a partnership should be followed by the words "general partnership", "special general partnership" or "limited partnership" after the organizational form, and must comply with the state's regulations on enterprise name registration and management. There can only be one main business location of a partnership registered with the enterprise registration authority, and it should be within the registration jurisdiction of its enterprise registration authority. 1. A partnership can usually only use one name. Moreover, the name shall not be the same as or similar to that of a registered enterprise in the same industry within the jurisdiction of the registration authority. If there are indeed special needs, the enterprise may use a subordinate name within the prescribed scope with the approval of the registration authority at or above the provincial level. 2. The name of a partnership enterprise should usually include the following parts: trade name (or business name), industry or business characteristics, and organizational form. Except for enterprises with a long history and well-known brands, foreign-invested enterprises and enterprises permitted by law, the names of other enterprises shall be named after the name of the administrative division where they are located. 3. The name of a partnership enterprise shall use Chinese characters, and the name of an enterprise in an ethnic autonomous area may also use the ethnic characters commonly used in the ethnic autonomous area. If a foreign name is used, the foreign name must be consistent with the Chinese name and must be reported to the registration authority for registration. 4. You must not use a name that is prohibited by law or inconsistent with your actual situation. The company name must not contain the name of a foreign country (region), international organization, Names of political parties, names of party, government and military organs, names of mass organizations, names of social groups and army numbers, Chinese pinyin letters (except those used in foreign names), numbers, and contents prohibited by laws and administrative regulations. 5. The name of a partnership enterprise shall be approved and registered by the industrial and commercial administration authority. After registration, it shall enjoy exclusive rights within the prescribed scope. When a dispute arises over the name of an enterprise, the industrial and commercial administration authorities shall handle it in accordance with the principle of priority application. 6. The name of a partnership can be transferred together with the enterprise or part of the enterprise. After the enterprise name is transferred, the transferor shall not continue to use the transferred enterprise name. If an enterprise infringes upon its own right to use its name, it may request handling from the registration authority at the location of the infringer or file a lawsuit with the People's Court.
2. Types of partnerships Partnerships are divided into: general partnerships and limited partnerships. Among them, general partnerships also include special general partnerships. 1. A general partnership consists of more than 2 general partners (no upper limit). In a general partnership, the partners bear unlimited joint and several liability for the debts of the partnership. In a special general partnership, if one partner or several partners cause debts of the partnership due to intentional or gross negligence in the course of business activities, they shall bear unlimited liability or unlimited joint and several liability, and the other partners shall only bear liability for their liability in the partnership. Liability is limited to the share of the property. 2. A limited partnership consists of general partners and limited partners with more than 2 and less than 50 persons, of which there is at least one general partner and at least one limited partner. When only general partners remain in a limited partnership, it shall be converted into a general partnership; if only limited partners remain, it shall be dissolved. The general partners bear unlimited joint and several liability for the debts of the partnership, and the limited partners bear liability for the debts of the partnership to the extent of their subscribed capital contributions.
3. Characteristics of partnership 1. Life is limited. Partnerships are relatively easy to set up and dissolve. When the partners sign a partnership agreement, the partnership is declared established. The joining of new partners, retirement, death, voluntary liquidation, bankruptcy liquidation, etc. of old partners can cause the dissolution of the original partnership and the establishment of a new partnership. 2. Unlimited responsibility. The partnership as a whole has unlimited liability to creditors. According to the partners' responsibilities towards the partnership, the partnership can be divided into general partnership and limited partnership.
The partners of a general partnership are general partners and bear unlimited joint and several liability for the debts of the partnership. For example, when a partnership established by A, B, and C goes bankrupt, when A and B no longer have personal assets to pay off the debts owed by the enterprise, although C has paid off the debts that should be shared according to the contract, he is still obliged to use his personal assets to pay off the debts owed by the company. The property is used by A and B to pay off the shared partnership debts owed by A and B. Of course, C has the right of recourse to the property against A and B at this time. A limited liability partnership is composed of one or several general partners and one or several partners with limited liability. That is, at least one of the partners has unlimited liability for the business activities of the business, while the other partners can only contribute their capital. They are responsible for repaying debts up to the limit, so such partners generally do not directly participate in business management activities. 3. Mutual agency. The business activities of a partnership are jointly decided by the partners, who have the right to execute and supervise. Partners can nominate the person in charge. All partners shall bear civil liability for the business activities of the partnership principal and other personnel. In other words, the economic actions performed by each partner on behalf of the partnership are binding on all partners. Therefore, disputes are more likely to arise between partners. 4. There is absolutely no property. The property invested by the partners shall be managed and used uniformly by the partners. No partner may transfer the partnership property for other purposes without the consent of other partners. Partners who provide only services and no capital are only entitled to share a portion of the profits but not the partnership property. 5. Benefits are shared. The property acquired and accumulated by a partnership enterprise in its production and business activities shall belong exclusively to the partners. Any losses will be borne jointly by the partners. The proportion of profit and loss distribution should be clearly stipulated in the partnership agreement; if it is not stipulated, it can be distributed according to the proportion of the partners' capital contribution, or evenly. Partners who use labor services as capital generally do not share losses unless otherwise provided.