The naming of self-employed industrial and commercial registration should follow the following rules:
1. Self-employed industrial and commercial households do not need to be named: most merchants operating in farmers' markets or wholesale markets distinguish each other by their booth numbers, and there is no specific trade name. An individual industrial and commercial household is only allowed to use one name, and can only use it after applying to the registration authority for approval and registration. The name plaque may be simplified appropriately, but it shall not deceive or misunderstand the public. The registration authority may also entrust the industrial and commercial office at the next lower level to handle registration.
2. The name of the business operator can be used as a shop name, and the words "China" are not allowed: the name of individual industrial and commercial households consists of administrative division, shop name, industry and organizational form in turn. The name of the operator can be used as the font size in the name of individual industrial and commercial households. The industry in the name of individual industrial and commercial households should reflect its main business activities or business characteristics. The organizational forms in the name can use the words "factory", "store", "museum", "department", "line" and "center", but the words "enterprise", "company" and "farmers' professional cooperative" are not allowed.
the names of individual industrial and commercial households shall not contain the following contents and words: names of foreign countries (regions) and names of international organizations that are detrimental to the interests of the state and the public, violate social order and good customs, disrespect ethnic and religious customs, and may cause deception or misunderstanding to the public. The name of the political party, the name of the party, government and military organs, the name of the mass organization, the name of the mass organization and its abbreviation, and the number of the army; The words "China", "China", "National", "National" and "International".
3. Whoever has the same name will be fined if he uses another person's name on a first-come-first-served basis. If two or more applicants apply to the same registration authority for the registration of the same individual industrial and commercial name, the registration authority will verify the application on a first-come-first-served basis. Therefore, in the area under the jurisdiction of the same registration authority, individual industrial and commercial households will not be approved for registration if their names are the same as those of registered or pre-approved enterprises and individual industrial and commercial households.
legal status of self-employed: within the scope approved and registered according to law, individual industrial and commercial households enjoy the capacity for civil rights and capacity for civil conduct in engaging in individual industrial and commercial operations, and their legitimate business activities are protected by law, and they enjoy ownership of the assets and legitimate income they operate. Individual industrial and commercial households can open accounts in banks, apply for loans from banks, have the right to apply for the exclusive right to use trademarks, have the right to sign labor contracts, hire helpers and take apprentices, and also have the right to name and seal.
Difference between individual industrial and commercial households and sole proprietorship enterprises:
1. A sole proprietorship enterprise must have a fixed place of production and business operation and a legal enterprise name, while individual industrial and commercial households may not have a brand name, or they may have no fixed place of production and business operation and can conduct mobile operations. In other words, a legal enterprise name and a fixed place of production and business operation are prerequisites for the establishment of a sole proprietorship enterprise, but not for individual industrial and commercial households.
2. The investor and operator of individual industrial and commercial households must be the same person, that is, the natural person who invests in the establishment of individual industrial and commercial households. The investor of a sole proprietorship enterprise can entrust or hire others to manage the affairs of the sole proprietorship enterprise, that is, the ownership and management rights can be separated, which determines that the sole proprietorship enterprise is more in line with the characteristics of the modern enterprise system.
3. A sole proprietorship enterprise may set up a branch or appoint others as the person in charge of the branch, but the sole proprietorship enterprise that set up the branch shall bear the responsibility. According to the regulations, individual industrial and commercial households cannot set up branches. It can be seen that the total scale of a sole proprietorship enterprise is generally larger than that of individual industrial and commercial households.
4. In the civil, administrative and economic legal systems, a sole proprietorship enterprise is a form of other organizations or other economic organizations, and can conduct legal activities in its own name. Whether individual industrial and commercial households can be used as a form of other organizations or other economic organizations has always been the focus of debate among domestic experts. More often, individual industrial and commercial households carry out legal activities in the name of individual citizens. In addition, sole proprietorship enterprises and individual industrial and commercial households, as market subjects, have different abilities to participate in other activities of the market economy.
5. The requirements of individual proprietorship enterprises and individual industrial and commercial households in financial system and tax policy are also different. In fact, this is also a concern of investors. According to the law of sole proprietorship enterprise, a sole proprietorship enterprise must establish a financial system for accounting. However, due to the complicated situation of individual industrial and commercial households, whether it is necessary to establish an accounting system is controversial. From the actual situation, individual industrial and commercial households can establish account books according to the requirements of the tax authorities, and if the tax authorities do not make requirements, they can also not conduct accounting.
Establishment of individual industrial and commercial households
1. Fill in the Application for Pre-approval of Name (Change) and prepare relevant materials; China citizens who are permanent residents of Hongkong and Macao shall submit their identity documents and identity verification documents when setting up individual industrial and commercial households.
2. Submit the Application for Pre-approval of Name (Change) and wait for the result of name approval. According to the provisions of the Measures for the Administration of the Registration of Names of Individual Industrial and Commercial Households, the names of individual industrial and commercial houses should be composed of administrative divisions, shop names, industries and organizational forms in turn. The industry in the name of individual industrial and commercial households shall reflect its main business activities or business characteristics.
3. Receive the Notice of Pre-approval of Enterprise Name and the Application for Business Registration of Individual Industrial and Commercial Households; If the business scope involves pre-licensing (see the Catalogue of Pre-licensing Projects for Enterprise Registration in Beijing printed by Beijing Administration for Industry and Commerce for specific projects), relevant examination and approval procedures shall be handled.
Documents and certificates to be submitted when applying for the registration of individual industrial and commercial households:
1. Application Form for the Registration of the Opening of Individual Industrial and Commercial Households (including the Application Form for the Registration of the Opening of Individual Industrial and Commercial Households, the Basic Information of Operators, the Certificate of Business Place and other forms, and China citizens who are permanent residents of Hong Kong and Macao should fill in the Application Form for the Establishment of Individual Industrial and Commercial Households (Hong Kong and Macao Residents)); For the registration of individual industrial and commercial households, foreigners should also submit a copy of the Temporary Residence Permit.
2. Notice of Pre-approval of Enterprise Name and List of Investors with Pre-approved Names (not submitted by individual vendors without brand names).
3. if the business scope involves pre-licensed projects, the approval documents of the relevant examination and approval departments shall be submitted.
self-employed people can't afford a name line. according to this management method, individual industrial and commercial households can use their names or not. However, if individual industrial and commercial households decide to use a name, they are only allowed to use one name, and they must apply to the registration authority before they can use it. The registration authority for the names of individual industrial and commercial households refers to the industrial and commercial administrations at the county (city) level and the industrial and commercial administrations in large and medium-sized cities. However, they can also entrust the industrial and commercial administration office to register the names of individual industrial and commercial households in the name of the registration authority.
The name plaque of individual industrial and commercial households can be simplified appropriately, but it shall not deceive or misunderstand the public. The name of the operator can be used as the name of the individual business, and the name of the individual business is composed of administrative division, name, industry and organizational form in turn. Among them, administrative division refers to the names of counties (cities) and municipal districts where individual industrial and commercial households are located, which can be followed by the names of towns, streets or administrative villages, communities and markets where individual industrial and commercial households are located.
the name of the operator can be used as the font size in the name of individual industrial and commercial households. Administrative divisions at or above the county level shall not be used as the font size, except that the names of administrative divisions have other meaning. An industry should reflect its main business activities or business characteristics, and the organization form can choose the words "factory", "store", "museum", "department" and "center", but the words "enterprise", "company" and "farmers' professional cooperative" are not allowed.