Full name of the legal entity. Full name of the legal entity example

Law and law 06.01.2020

23.07.2018

Choosing a company name is a necessity faced by all who decide to register a business. In some cases, this issue is of a purely technical nature, when the founder chooses a simple name that does not claim to be unique. In others, a creative approach is required, especially if the name is significant for an entrepreneur as a brand that carries some information for consumers or counterparties, recognition, and reputation.

Russian legislation in general provides significant freedom of choice of a name for commercial organizations, with the exception of some cases, which we will discuss below. Moreover, in Russia, unlike in many countries of the world, there is no prohibition on the registration of companies with names identical to the names of companies registered earlier (at the same time, there are special rules for protecting the exclusive right to a company name if legal entities carry out similar activities, as well as norms aimed at prohibiting unfair competition).

It should be borne in mind that the mismatch of the name legal entity the requirements of federal law is one of the grounds for denial of his state registration (subparagraph "g" of paragraph 1 of Article 23 of the Federal Law "On State Registration of Legal Entities and individual entrepreneurs"). Therefore, so that the chosen name does not become an unexpected obstacle on the way to registering your company, we recommend that you familiarize yourself in advance with the few legislative restrictions that exist in this area.

General requirements for the name of a legal entity

First, the name of a legal entity must contain an indication of its organizational and legal form. For example, a society with limited liability (LLC), joint stock company (JSC), production cooperative etc.

Second, the name non-profit organizations should also contain an indication of the nature of their activities. For example, the public organization "Society for the Protection of Consumer Rights".

Third, the inclusion of an official name in the name of a legal entity Russian Federation or Russia, as well as words derived from it, is allowed in cases stipulated by law, decrees of the President of the Russian Federation or acts of the Government of the Russian Federation, or by permission issued in the manner prescribed by the Government of the Russian Federation.

Full or abbreviated names cannot be used in the names of legal entities federal government, with the exception of cases provided for by law, decrees of the President of the Russian Federation or acts of the Government of the Russian Federation.

Regulatory legal acts subjects of the Russian Federation, the procedure for using the official names of subjects Russian Federation .

Fourth, commercial organizations must have company name... A firm name, being a means of individualization of legal entities, goods, services and enterprises, is regulated by Chapter 76 of Part Four of the Civil Code of the Russian Federation.

Brand name LLC

The brand name is designed to individualize a commercial organization in civil circulation. It is indicated in the constituent documents of the company and is included in the unified state register of legal entities (USRLE) upon its state registration.

Brand name cannot consist only of words indicating the type of activity of the company... So, phrases such as LLC “ Construction company"Or LLC" Beauty Salon ".

A legal entity must have one full corporate name and is entitled to have one abbreviated corporate name in Russian.

In addition, a legal entity has the right to have one full company name and (or) one abbreviated company name in any language of the peoples of the Russian Federation and (or) foreign language .

In other words, the presence of a Russian-language name is mandatory for a legal entity in any case, and a name in a foreign language is a free option. Moreover, in a foreign language, a company can have either a full and an abbreviated name, or only a full or only an abbreviated name (which follows from paragraph 3 of Article 1473 of the Civil Code of the Russian Federation).

The foreign version of the company name for its indication in the charter is chosen at the discretion of the founders. It can be formed either by transliterations (that is, the letter-by-letter transmission of the Russian name by means of the Latin alphabet), for example, "Perspective" - \u200b\u200bPerspektiva, or by translation into a foreign language, for example, "Northern Engineering Corporation" - Northern engineering corporation.

To convey the words "Limited Liability Company" or the abbreviation "LLC" in the foreign version of the name, an indication of the organizational and legal form is usually used, which in the foreign legal order is as close as possible to the Russian LLC. For example, in english language these can be Limited Liability Company (LLC), Limited Company (Co. Ltd) or simply Limited (Ltd).

Prohibited elements of LLC brand names

According to clause 4 of Article 1473 of the Civil Code of the Russian Federation, in the corporate name of a legal entity can not turn on:

full or abbreviated official names of foreign states, as well as words derived from such names;
full or abbreviated official names of federal bodies of state power, bodies of state power of constituent entities of the Russian Federation and bodies local government;
full or abbreviated names of public associations;
designations that are contrary to the public interest, as well as the principles of humanity and morality.

Let us examine these cases in more detail.

1. Names of foreign countries and their derivatives.

If everything is very clear with the very names of foreign countries - you cannot register an LLC, the name of which includes words like "India", "French Republic", etc., then the situation with derivatives of such names is not so simple.

By the letter of the law, having received an application for registration of an LLC with a name such as "Finnish Baths", "Irish Pub" or "Italian trading house”Etc., the registering authority will have the right to refuse its registration. However, in the Unified State Register of Legal Entities you can find many different time commercial legal entities with similar names. Does this mean that in this part the norm of paragraph 4 of Article 1473 of the Civil Code of the Russian Federation does not act strictly? If not, what explains the registry's “tolerance” for such names?

In defense of the use of words derived from the names of other countries, the following can be said:

for many companies with foreign investment or companies engaged in foreign economic activity, such names will be quite natural, since they will truthfully reflect the structure of ownership of the company or the geographical directions of its activities;
names like "Turkish", "Japanese", "Spanish", etc. are often used not to designate a connection with a specific foreign state or its official structures, but simply to evoke in a counterparty or consumer well-known images (associations) that are historically assigned to the respective countries. In other words, they simply refer to the style or traditions of a particular people, and do not at all talk about belonging to a foreign state as a public legal entity. (However, they should not mislead about the origin and consumer properties of a product or service - otherwise, there will be a contradiction to public interests).

But the most obvious reason for the presence of such derivative names in the registry is lack of uniformity practice of registration authorities in various constituent entities of the Russian Federation, and even within one constituent entity of the Russian Federation.

Despite this, still not recommended include words derived from the names of foreign countries in company names. There is no guarantee that the registration of a company whose name includes such words will proceed smoothly, or that the registration authority will not order them to be changed in the future.

We also add that, in addition to foreign states, the full or abbreviated names of interstate unions, for example, the CIS, cannot be included in the corporate name of a legal entity (paragraph 58.4 of the Resolution of the Plenum of the RF Armed Forces No. 5, Plenum of the Supreme Arbitration Court of the Russian Federation No. 29 of March 26, 2009).

2. Names of Russian authorities and local governments.

The name of the LLC should not include the official - both full and abbreviated - names of federal and regional authorities (legislative, executive, judicial and any other), as well as local government bodies. An LLC with this name will simply not be registered. In particular, in the past practice, various attempts were known to imitate abbreviations of various law enforcement agencies and special services in the names of firms, which today is futile and directly prohibited by this article of the law.

In addition, the risk of refusal to register exists also when not the names of the authorities themselves are used, but similar words and letter combinations. For example, there is a very high probability of refusal to register or a requirement to change the name existing company if it contains letter combinations "Ros", "Gos", "Mos" and others like them, as evidenced by the practice of registration authorities and courts. Such names give rise to the illusion that the company belongs to state authorities (federal or regional) and can create unacceptable competitive advantages before other participants in civil turnover.

3. Names of public associations.

The names of LLCs (as well as other commercial organizations) cannot repeat the names of public associations existing in the Russian Federation (both registered and those that do not require state registration). Public associations are voluntary, self-governing, non-profit formations created at the initiative of citizens who have united on the basis of a community of interests to achieve common goals. These include a variety of public organizations, movements, foundations, and political parties.

Registration of an LLC with a name copying the name of one or another public association, can mean either misleading the public about the goals of the legal entity being created, or an attempt to register a legal entity for non-commercial or socio-political purposes, bypassing the relevant legislation.

4. Designations that are contrary to the public interest, as well as the principles of humanity and morality.

Compliance with the public interest implies, first of all, the inadmissibility misleading other persons (consumers) regarding the company itself, its goals, the goods or services it offers, affiliation with Russian or foreign state structures, etc.

If this or that designation misleads the consumer or counterparty regarding the origin, technology or quality of the product or service, it cannot be included in the company name of the LLC. In fact, given reason summarizes all the previous ones, since they are just about various options for misleading.

Likewise, the name of an LLC must not contain inhuman and immoral designations. Despite the well-known subjectivity and extensibility of these categories, such words are usually “striking” and can be easily eliminated even at the stage of developing the name of a future company.

Restrictions for the words "Russian Federation", "Russia" and their derivatives

The use of these words in the names of legal entities is not prohibited, but significantly limited by law. According to clause 4 of Article 1473 of the Civil Code of the Russian Federation, the inclusion in the firm name of a legal entity of the official name of the Russian Federation or Russia, as well as words derived from this name, is allowed with permission issued in the manner prescribed by the Government of the Russian Federation (see Decree of the Government of the Russian Federation of 03.02 .2010 No. 52).

This permit is issued by the Ministry of Justice of the Russian Federation in the event that:

the legal entity has branches and (or) representative offices on the territory of more than half of the constituent entities of the Russian Federation, or
a legal entity in accordance with the legislation of the Russian Federation is classified as the largest taxpayer, and
in the event that more than 25% of the voting shares of a joint-stock company or more than 25% of the authorized capital of another business company are owned by the Russian Federation or an organization created by the Russian Federation on the basis of a special federal law, the name of which includes the official name "Russian Federation" or "Russia" , as well as words derived from this name.

To obtain such permission, the founder of a legal entity submits to the Ministry of Justice of Russia a corresponding application and documents confirming the compliance of the legal entity with one of the above requirements.

The inclusion in the firm name of the official name "Russian Federation" or "Russia", as well as words derived from this name, is allowed only after the issuance of the corresponding order of the Ministry of Justice of the Russian Federation.

Subsequently, such an order may be revoked. In case of revocation of the permit, the legal entity is obliged to make appropriate changes to its constituent documents within 3 months.

Separately, we note that under the words, derivatives from the official name "Russian Federation" or "Russia", it should be understood including the word "Russian" (and derivatives from it) both in Russian and in foreign languages \u200b\u200bin Russian transcription, but not the word "Russian" (and derivatives from him) (clause 58.3 of the Resolution of the Plenum of the RF Armed Forces No. 5, Plenum of the Supreme Arbitration Court of the Russian Federation No. 29 of March 26, 2009).

The second sheet contains the contact information of the applicant, as well as the phone number and e-mail.

On the third sheet, you should select and indicate how you will collect the documents: by mail or in person. This sheet also contains information about the notary who certified the form.

Form Р13001 must be certified by a notary. Sheets are numbered and page numbers are indicated on each page at the top of the form. On the third page of sheet M, the applicant's surname, first name and patronymic is written by hand. The document is signed with a signature in the presence of a notary.

It should be noted that notary offices offer services for the preparation of all the necessary documents for renaming an organization. If desired, a legal entity can turn to them for help.

Features of obtaining a patent

The company is registered in the state registration organization - Rospatent. The registered name of the organization gives exclusive rights to its use and helps the owner to protect the brand name in case of a dispute.

Before submitting documents for registration, you must come up with a new name and write it down in the application. The firm can check for uniqueness itself or by contacting special organizations for help. In order for the name to be registered, an application and a receipt for payment of the state duty must be submitted to Rospatent.

When starting the registration procedure, one should take into account the fact that there is no legal deadline for the consideration of documents. The procedure can take an unlimited amount of time. If it is necessary to obtain a patent faster, Rospatent will make concessions, only for an additional fee.

How do you come up with a brand? Details on the video.

Basic rules on brand name and location commercial organization, and in particular, limited liability companies contained in art. 54 and 87 of the Civil Code of the Russian Federation, reproduced in Art. 4 Laws. At the same time, this article specifies the relevant general provisions of the Civil Code of the Russian Federation and introduces new rules.

A limited liability company must have a full and may have an abbreviated company name in Russian. The Company also has the right to have a full and (or) abbreviated corporate name in the languages \u200b\u200bof the peoples of the Russian Federation and (or) foreign languages \u200b\u200b(clause 1 of article 4 of the Law).

A firm name means the name of a legal entity that is a commercial organization, which serves to individualize this organization in legal relations of which it is a subject.

The full and abbreviated company name of a limited liability company must be recorded in Russian in the charter of the company (see article 12 of the Law), and the full company name must also be in the round seal of the company (see paragraph 5 of article 2 of the Law ). The full corporate name of the company must be contained in the stamps and letterheads of the respective company (if it has the indicated means of individualization). In addition to the designation of the company name in Russian, which is mandatory, the company has the right to use it also in one or more languages \u200b\u200bof the peoples of the Russian Federation and (or) foreign languages.

In the second paragraph, clause 1 of Art. 4 of the Law establishes mandatory requirements for the content of the full and abbreviated corporate name of a limited liability company: the full corporate name of the company in Russian must contain the full name of the company and the words "limited liability". The abbreviated company name of the company in Russian must contain the full or abbreviated name of the company and the words "limited liability" or the abbreviation "LLC".

A limited liability company has the right to use any company name that does not fully repeat the existing names of legal entities (information on the names of legal entities that have passed state registration can be obtained from the unified state register of legal entities) and does not contain words and phrases for the use of which it does not have rights (for example, the phrase "insurance company" cannot be included in the firm name of an organization whose constituent documents do not meet the requirements for constituent documents of this type of organization).

In this case, the full name of the company must include the words "limited liability", and in the abbreviated name - the indicated words or the abbreviation "LLC". The full corporate name of the company may look, for example, as follows: "Limited Liability Company" Printing Foil Plant. "The abbreviated corporate name in this case can be designated as" LLC "ZPF" or "Limited Liability Company" ZPF ".

The third paragraph of clause 1 of Art. 4 of the Law contains a rule that, as a general rule, prohibits the use in the company name of a limited liability company of other terms and abbreviations reflecting its organizational and legal form, including those borrowed from foreign languages, which is quite reasonable. The fact is that in domestic practice, due to ill-conceived imitation of corporate names used in the practice of foreign corporations, sometimes there are names such as "Limited Liability Company" Jupiter Ltd. " or "Jupiter Limited Liability Company" J.S.C. " etc. The names of the first type are tautological, the second - contain indications of essentially different organizational and legal forms.

If the corporate name of an operating limited liability company includes the words "Russia" or "Russian Federation" or words or phrases formed on their basis, it is advisable to keep in mind that from 01.01.2008 (the date of entry into force of part four of the Civil Code of the Russian Federation ) sub. 1 p. 4 art. 1473 of the Civil Code of the Russian Federation establishes a ban on the inclusion of full or abbreviated names of the Russian Federation, foreign states, as well as words derived from such names in the corporate name. This prohibition applies to all commercial organizations, with the exception of state unitary enterprises and joint stock companies in the cases specified in paragraph 4 of Art. 1473 of the Civil Code of the Russian Federation.

A firm name is subject to registration simultaneously with the state registration of a limited liability company. After that, in accordance with Art. 138 of the Civil Code of the Russian Federation, the company has the exclusive right to a firm name, which is an element of its intellectual property. The use by third parties of this means of individualization, which is an object of exclusive rights, is possible only with the consent of the copyright holder. Unlawful use of someone else's registered company name entails the obligation of the offender, at the request of the owner of the right, to stop using it and compensate for the damage caused (clause 4 of article 54 of the Civil Code of the Russian Federation).

The law does not contain provisions on the admissibility or inadmissibility of alienation of the right to a company name. In this regard, it is advisable to pay attention to the fact that paragraph 2 of Art. 1474 of part four of the Civil Code of the Russian Federation, which comes into force on 01.01.2008, establishes a rule according to which the disposal of the exclusive right to a company name (including by alienating it or granting another person the right to use a company name) is not allowed. From 01.01.2008 the right of a legal entity to a firm name is governed by Art. 1473-1476 of the fourth part of the Civil Code of the Russian Federation.

According to paragraph 2 of Art. 4 of the Law, the location of a limited liability company is determined by the place of its state registration.

Let us recall that simultaneously with the enactment of the Federal Law of 08.08.2001 "On state registration of legal entities and individual entrepreneurs" *(45) , from 01.07.2002, the Federal Law of 21.03.2002 "On Bringing Legislative Acts in Line with the Federal Law" On State Registration of Legal Entities "came into force *(46) , which amended, in particular, the Civil Code of the Russian Federation and the Law.

In the current version of clause 2 of Art. 4 of the Law is set out in a peremptory norm. It no longer admits the previously existing possibility to establish in the founding documents of the company that the place of its location is not the place of state registration of the company, but the place of permanent location of its governing bodies or the main place of business of the company. This is due to the unification of civil law norms. Clause 2 of Art. 54 of the Civil Code of the Russian Federation, according to which the location of a legal entity is determined by the place of its state registration; at present, the RF Civil Code does not allow other options. State registration of a legal entity is carried out at the location of its permanent executive body, and in the absence of such a body, another body or person entitled to act on behalf of the legal entity without a power of attorney. The wording of clause 2 of Art. 8 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", which determines the place of state registration.

The location of a limited liability company is important for the exercise of its rights and obligations in the field of civil, administrative, labor and a number of other branches of law, civil, arbitration process. For example, Art. 316 of the Civil Code of the Russian Federation connects the place of fulfillment of a monetary obligation with the location of the legal entity - the creditor at the time the obligation arises *(47) ; according to the general rule of Art. 35 of the Arbitration Procedure Code of the Russian Federation, a claim is filed with an arbitration court of a constituent entity of the Russian Federation at the location of the defendant.

Let's note one more circumstance. The Federal Law of March 21, 2002 "On Bringing Legislative Acts in Line with the Federal Law" On State Registration of Legal Entities "excluded Clause 3 from Article 4 of the Law, which imposed on the company legal obligations: a) to have a postal address, b) to notify about it changes are the bodies that carry out state registration of legal entities.

The postal address may coincide with the location of the company, but may be different. It is hardly advisable to indicate the postal address in the charter of a limited liability company, since changes in such address require changes in the charter.

You can get answers to any questions about the registration of LLC and IE by using the service free consultation for business registration:

When preparing registration documents, you definitely need to decide - what to call the LLC? Your organization must have a full corporate name in Russian, including an indication of the organizational and legal form. For example, “Wholesaler” Limited Liability Company.

Additionally, Article 4 of Law No. 14-FZ gives the right to have an abbreviated name of a legal entity in Russian (with the abbreviation "LLC"), as well as a full and abbreviated name in the languages \u200b\u200bof the peoples of the Russian Federation and in foreign languages. In total, 6 names are obtained, but the main one is the full company name of the LLC in Russian.

In some cases, the full name of the legal entity must indicate the type of activity (pawnshops, insurance companies, payment systems). But at the same time, the name of the company cannot consist only of words denoting the type of activity (article 1473 of the Civil Code of the Russian Federation).

How to check an LLC name for uniqueness

Can the name of a firm be the same as that of another organization? According to article 1474 of the Civil Code of the Russian Federation, a legal entity is not entitled to use the trade name of another company. Nevertheless, identical or similar LLC names are encountered in practice.

The fact is that the tax inspectorate, when accepting registration documents, does not check the uniqueness of the name of the organization you have chosen. After registration, the company is identified not by the name of the LLC, but by the TIN and ORGN codes, which are not repeated.

You can check the uniqueness of the selected name yourself through. Take, for example, the word "East" popular in the names of organizations.

If we set a search for the exact match of the name, the service will give us 8 Vostok legal entities, with different TIN and ORGN. If we look for the names of organizations that contain the word "East" in variations, then we will get 200 answers.

The rightholder of the company name LLC has the right to apply to the court with a claim to compel another organization to change an identical or confusingly similar name, but for this the following conditions must be met:

organizations are engaged in similar activities;
the company name of the plaintiff is included in the Unified State Register of Legal Entities earlier than the company name of the defendant.

So, if you do not want similar in the future legal proceedings, we recommend choosing a unique name, which is not yet in the Unified State Register of Legal Entities.

Are you going to register an LLC? Take advantage of a free online service that will shorten the preparation time and eliminate errors.

Requirements for the name of a legal entity

When choosing a name for an LLC, keep in mind that the law sets requirements for the name. According to Art. 1473 of the Civil Code of the Russian Federation, the corporate name of a legal entity cannot be included, such designations as:

foreign language borrowings in Russian transcription or in the transcriptions of the languages \u200b\u200bof the peoples of the Russian Federation of terms and abbreviations reflecting the organizational and legal form of a legal entity;
full or abbreviated official names of foreign states, as well as words derived from such names;
full or abbreviated official names of federal bodies of state power, bodies of state power of constituent entities of the Russian Federation and bodies of local self-government;
full or abbreviated names of international and intergovernmental organizations;
full or abbreviated names of public associations;
designations that are contrary to the public interest, as well as the principles of humanity and morality.

We draw your attention to the risks of indicating in the name of the LLC the word "Limited", the direct translation of which is "Limited". Although this word in itself is not a term or an abbreviation for the legal form of a legal entity, however, some IFTS recognize it as such and refuse registration. We recommend that you check in advance with the registration authority the possibility of including this word in the corporate name of your company.

It is possible to include the words "Russia", "Russian Federation" and their derivatives in the name of the LLC company if there is permission from the Ministry of Justice of the Russian Federation. You can find out how to obtain this permission in the Decree of the Government of the Russian Federation of 03.02.2010 N 52.

The use of words formed from the name of the subject of the Russian Federation is also established by some regional regulatory legal acts. Thus, it is allowed to include words derived from "Moscow" in the name of an organization only upon agreement with the Heraldic Council of the City of Moscow (Resolution of the Moscow Government dated March 27, 2015 N 147-PP).

And to use the words "Olympic" and "Paralympic" in the name only educational institutions and physical culture and sports organizations that train athletes.

If you are going to organize commercial enterprise, remember that it must have a company name, which always consists of a legal form and the "name" itself. This name distinguishes one company from others.

Components of the brand name

As mentioned above, the name consists of several parts.

First part - the main one - speaks about the type and activity of the company, characterizes its legal direction. Sometimes in this part some other nuances may be indicated. Example: limited liability company.
The second part Is a special designation for an organization. It is also called auxiliary. It is according to him that enterprises differ from each other. This part includes a mandatory and optional component. Mandatory addition is "name", number, geographical position or another designation. For example, the common name is Vernissage Limited Liability Company. The second part in this title is "Vernissage". But this part can consist not only of one word, but also have such additions as “universal”, “regional”, etc. An example of the second part with additions: “Universal trading house“ Golden Ring ”.

An example of a full corporate name: Joint Stock Company closed type "Central Moscow leasing company". Its components are:

Types of organization names

Article 1473 of the Civil Code of Russia in paragraph 3 indicates that an enterprise is allowed to use up to six types of names:

One in full and one in abridged form in Russian.
One in full or one in abbreviated form in any language of the peoples of the Russian Federation.
One in full and one in abridged form in a foreign language.

Attention! The only mandatory option for any organization is the full corporate name option.

The abbreviated name contains the abbreviation of the organizational and legal form, as well as the name of the enterprise itself (full or abbreviated). Examples of brand names:

Restrictive nuances in naming

According to Art. 1473 of the Civil Code of the Russian Federation, paragraph 4 does not include the following verbal designations in the title:

Names of other countries, both full and abbreviated. Derivatives from them cannot be used either.
The names of government bodies, federal bodies, local government services.
The names of public organizations.
Names and designations that contradict the norms of public morality.

It is prohibited to use the words "Russia" and "Russian Federation" derived from them without special permission. Their use can only be permitted by the RF Ministry of Justice.

You can get this opportunity if:

the organization has representative offices in most of the constituent entities of Russia;
the organization is one of the largest taxpayers;
the company is an economic entity, leads the market for a particular product, or has a market share of this product over 35 percent;
the state of the Russian Federation owns more than 25 percent of the voting shares (or authorized capital) of a business entity.

You can also not use the names of cities, the word "Olympic" and other similar words, including derivatives from them.

It is possible to use the name of the city in the name in case of special permission to use state symbols.

You can use foreign words in the name of the organization in the Russian-language format. But of them, you cannot use terms that reflect the organizational and legal form. Important! Words should only be in Russian transcription.

Example. The name Open Joint Stock Company Metal Steel is incorrect. That's right - Metal Steel Open Joint Stock Company.

Certain types of activity must also be indicated in the name. This is a must for credit, pawnshop and other organizations.

Observance of uniqueness when choosing a name

Clause 3 of Article 1474 of the Civil Code of the Russian Federation states that you cannot use a company name identical to the company name of another legal entity or similar to it to the point of confusion, if:

organizations are engaged in similar activities;
the name of your company was included in the Unified State Register of Legal Entities later than the name of another.

Since 2002, the tax inspectorate has not verified the uniqueness of the planned name of the organization. But despite this, there is always the possibility that a company with the same name, but registered earlier, can sue you. Therefore, check the uniqueness on dedicated resources in the Internet. In particular, this can be done on the website of the tax office.

Registration of the name of a legal entity

When a unique name has been chosen for your company, it can be registered in the Unified State Register of Legal Entities. This happens during the registration of the organization itself. From this moment on, the right to a corporate name arises.

Remember that only one brand name is registered per person.

How to protect a brand name

To strengthen the legal protection of a business name, it is recommended to register a company name , as a trademark.

Trademark Is a special designation that individualizes a product or service. Most often it is expressed in verbal or pictorial form.

Therefore, it is better to choose a name for the enterprise that can be registered as a trademark. Thus, in the event of a dispute, it is easier to protect your title rights. On the one hand, the name is protected as a patented trademark, on the other, as a trade name. It's kind of a double defense.

Example. The well-known largest Japanese company that produces electronics and watches "Citizen" has the same word designation, both in the brand name and in the trade mark.

When registering a company name as a trademark, the owner of the rights has the following advantages:

Unlike just a company name, a name that is registered as a trademark can be disposed of: sold, inherited, pledged, or given for use. The copyright holder can do this on a commercial basis.
The owner of this type of name may prohibit the use of a domain name in the ..ru zone on the Internet, which is similar to its corporate name.
Competitive entities can be prohibited from using trade mark not only in court, but also in the pre-trial order. This is done by contacting law enforcement or anti-monopoly services, as well as the patent office.
To prevent the import of counterfeit products from abroad, which is produced under trademark copyright holder, you can enter the trademark in the customs register.

The legal owner of the rights can always demand from the infringer to compensate for the losses incurred due to the illegal use of the company name, which is registered as a trademark.

Document form code

The main state registration number (OGRN) of a legal entity

The main state registration number (OGRN) of a legal entity is affixed in accordance with the documents issued by the tax authorities.

06 - Taxpayer identification number / registration reason code (TIN / KPP)

Taxpayer identification number / registration reason code (TIN / KPP) are affixed in accordance with the documents issued by the tax authorities.

The document form code is affixed to All-Russian classifier management documentation (OKUD).

OKUD is intended to ensure accounting and systematization of unified intersectoral, interdepartmental forms of documents.

Above the name of the organization indicate the abbreviated name, and in its absence - the full name of the parent organization (if any).

The abbreviated name of the organization is given in cases where it is enshrined in the constituent documents of the organization. The abbreviated name (in brackets) is placed below the full name.

The names of organizations of the constituent entities of the Russian Federation, which, along with the state language of the Russian Federation (Russian), the state language of the constituent entities of the Russian Federation, are printed in two languages.

The name of the organization in the state language of the subject of the Russian Federation or in another language is located below or to the right of the name in the state language of the Russian Federation.

The name of the branch, territorial department, representative office is indicated in the event that it is the author of the document and is located below the name of the organization.

EXAMPLE Organization name

Above the name of the organization, the abbreviated name is indicated, and in its absence - the full name of the parent organization,

eg:

STATE COMMUNICATIONS OF RUSSIA

SCIENTIFIC AND TECHNICAL CENTER "ORION"

The abbreviated name of the organization is given in cases where it is enshrined in the constituent documents of the organization. The abbreviated name (in brackets) is placed below the full name,

eg:

Central Research Institute of Informatics

(TsNIIINFORM)

On documents joint stock companies the type of corporatization is indicated - a closed or open joint-stock company,

eg:

CJSC "PILOT"

OJSC "REAL"

A name in a foreign language is reproduced in cases where it is enshrined in the charter (regulation of the organization) and is located below the name in Russian,

eg:

LLC "SIGMA"

Name of the branch, territorial department, representative office, structural unit organizations indicate if it is the author of the document and is located below the name of the organization,

eg:

CJSC "AKSONT"

eg:

GENERAL MANAGER

OJSC "AGAT"

Organization name (name of legal entity)

Federal Law of 14.11.2002 N 161-FZ)

3. The name and location of a legal entity are indicated in its constituent documents.
4. A legal entity that is a commercial organization must have a firm name.
A legal entity whose firm name is registered in accordance with the established procedure has the exclusive right to use it.
A person who unlawfully uses someone else's registered company name, at the request of the owner of the right to the company name, is obliged to stop using it and compensate for the losses caused.
The procedure for registration and use of company names is determined by law and other legal acts in accordance with this Code. "

And still I did not understand in what such "some cases" the name may differ slightly from the company name (according to the commentary) ...

04.12.2006, 14:58

From Art. 54 of the Civil Code of the Russian Federation and Art. 4 of the Federal Law on LLC turns out like this:
Full corporate name of the company (in Russian) \u003d full name of the company (indicating its organizational and legal form (Article 54 of the Civil Code of the Russian Federation);)) + the words "limited liability".
Abbreviated company name of the company (in Russian, if any (Art. 4 of the Federal Law on LLC "right to have a company")) \u003d full or abbreviated name of the company + the words "limited liability" or the abbreviation LLC.
What is the difference between the name of the LLC and the company name - dear almira answered you. : yes:

04.12.2006, 15:39

Did I understand correctly? 🙂
It turns out:
The name of the society: Society "Cornflower".
Full name of the company: Limited Liability Company "Vasilek"
Full company name of the company: Limited Liability Company "Vasilek"

Is it like this? 🙂

Sergei72, don't you try to submit this to the 46th. : yes: their lamps will burn out from a spill ...
I watch syudy http://forum.klerk.ru/showthread.php?t\u003d38307&highlight\u003d%F4%E8%F0%EC%E5%ED%2A

Black Panther

04.12.2006, 17:44

the name of the LLC differs from the company name, but only with the words "limited liability" or abr. Ltd

but not by the name itself

In fact, they are different. And essentially

sema, you once again drive me into paint ...

and every time the color is different ...

Black Panther

05.12.2006, 11:45

no ... do not confuse with TM and other things ... go to my stsylka above is given - where is an example with electrification and communism ...

in my practice, there were such stupid mistakes that later could not even be corrected, because they were several years old and everyone had long been used to it.
And by the way, is there a significant difference between the names, if the brand name is given in abbreviation?: Wow:

Application p. 2 "Legal entity address"
in section 2.2. should the name of the body indicate "Sole Executive Body" or "General Director"?
To register an LLC, I submit: Articles of Association, Memorandum of Association, Protocol on the establishment of LLC, Application for registration. Have you forgotten anything?

indicate the name of your sole body.
and ask questions in relevant topics.

Having made the decision to open a company, it is time to think about the name of the company. However, when choosing a name for your company, you need to know and take into account the restrictions that the legislator has established.

Since the name of the company does not comply with the requirements of the legislation of the Russian Federation will entail a refusal to register a legal entity.

Restrictions on using the name for the company:

1. Often, entrepreneurs want to look more respectable and prestigious in the eyes of counterparties and clients and choose names for companies using the words Moscow, Russia, as well as using words derived from these names, such as Russian, Moscow, or namesake words.

However, in accordance with the Civil Code, the inclusion in the company name of the official name Russian Federation or Russia, as well as words derived from this name, such as Russian, or the use of single-root words such as Ros (river) or Rospromtorg is allowed only with the permission of the Ministry of Justice of the Russian Federation.

To obtain the appropriate permit, one of the following conditions must be met:

1. A legal entity has branches and (or) representative offices in more than half of the RF subjects.

2 ... The legal entity is classified as the largest taxpayer.

3. A legal entity is included in the register of economic entities with a market share of a certain product in the amount of more than 35 percent, or occupies a dominant position in the market for a certain product.

As we can see, in order to obtain the appropriate permission, you need to be a major player in the market, and already carrying out entrepreneurial activities.

2 ... The legislation of the city of Moscow also establishes restrictions for the use by legal entities in the corporate name of the verbal symbols of the city of Moscow.

On the basis of the Decree of the Government of Moscow of 27.03.2015 N 147-PP, the use by legal entities in their names of the verbal symbols of the city of Moscow is carried out subject to the approval of the Heraldic Council of the city of Moscow of such use.

An application for the use of this name is submitted in any written form and must contain information about the planned name of the legal entity. person, its location and objects and purposes of its activities. The Heraldic Council considers the appeal and, upon consideration, makes either a positive decision or refusal to agree on the use of the verbal symbols of the city of Moscow.

3. The law also prohibits the use of full or abbreviated official names of foreign countries, as well as words derived from such names, in the name of a company.

Name (name) of LLC

Also, the legislator prohibits the use in the names of legal entities of full or abbreviated names of federal bodies of state power, as well as full or abbreviated official names of federal bodies of state power, bodies of state power of the subjects of the Russian Federation and bodies of local self-government.

5. When choosing a name for your company, you need to pay attention to the fact that the name cannot consist only of words indicating the type of activity.

6 ... Also, the name of the company should not contain terms and abbreviations that reflect the organizational and legal form of a legal entity.

7 ... The name of the company must be in Russian and the use of Latin letters is not allowed.

8 ... In addition to the above restrictions, full or abbreviated names of public associations, as well as designations that are contrary to public interests, as well as the principles of humanity and morality, cannot be used in the name of the company.

We hope this article will help you avoid mistakes in registration due to the wrong choice of the name, but the Olin Group company will help you register an LLC in accordance with the requirements of the law.

"INFORMATION SHEET OF A LEGAL ENTITY Date of completion" "20_year Full name of the enterprise, 1. organization, institution in accordance with the organizational and legal ..."

LEGAL ENTITY INFORMATION SHEET

Date of completion "____" __________________ 20 _____ year

Full name of the enterprise,

organizations, institutions in accordance

with organizational and legal form

short name

(for settlements)

Name in a foreign language

Date of state registration

Taxpayer identification number - for a resident

Foreign Organization Code (KIO) - for a non-resident Primary State Registration Number (OGRN) 6.

Registration address, location 7. (in accordance with the Charter) Information about the actual location of the legal entity (mark the required one with a V) 8.

A permanent executive body 8.1 Other body A person entitled to act on behalf of a legal entity without a power of attorney The actual address of the organization coincides with the legal address 8.2 The actual address does not coincide with the legal hell _______________________________________________________

(Indicate actual location) Documents confirming the presence of a legal entity at its location 9.

a person, its permanent executive body, or a person entitled to act on behalf of a legal entity without a power of attorney Name Lease agreement Certificate of state. registration of the right of the document Other: __________________________________________________

Validity period Main activity 10.

OKVED Information on the availability of licenses for the right to carry out activities subject to licensing 11.

There are no licensed activities There are licensed activities, copies of licenses are provided on _____________ sheets Information on the structure and management bodies of the legal entity 12.

The structure of the controls (mark the necessary with the sign - V):

12.1 Meeting of shareholders / members Sole founder Board of directors / Management board

Other (specify):

__________________________________________

Personal composition:

12.2 For legal entities - name, For legal entities - INN Share in the authorized capital (%) For individuals - full name. For individuals - date and place of birth, place of residence, information about

- & nbsp– & nbsp–

Sole executive body 12.3 (position, name, date of birth)

Information about the chief accountant:

12.4 The position of the chief accountant is provided The organization is a subject of small / medium-sized businesses. The sole executive body is responsible for accounting. The amount of the registered authorized (pooled) capital is 13.

The amount of the paid up authorized (share) capital 14.

Contact phone and fax numbers 15.

WEB-site on the Internet 16.

Email address 17.

Information on the Beneficial Owners of the Legal Entity (Attached with copies of passports 18.

of specified persons, or completed questionnaires of Beneficial owners) Sole founder Founders holding 25 or more percent of shares or shares Other persons (* in this case, the questionnaires of beneficial owners are filled in)

Purposes of establishing and intended nature of the business relationship with the Bank:

Implementation of settlement and cash transactions related to economic activities Other: _______________________________________________________________________________________

Information about the Beneficiary:

When conducting banking operations and other transactions, acts on his own behalf and at his own expense (not in favor of a third party)